Court upholds exclusion of transgender lawmaker from Montana legislature

Zooey Zephyr, the transgender state lawmaker silenced after telling Republicans they would have blood on their hands for opposing gender-affirming healthcare for kids, was barred from returning to the Montana house floor in a Tuesday court ruling hours before the legislature wrapped up its biennial session.

A district court judge, Mike Menahan, said it was outside his authority to overrule lawmakers who voted last week to exclude Zephyr from the house floor and debates. He cited the importance of preserving the separation of powers between the legislative, executive and judicial branches.

An attorney for Zephyr, Alex Rate, said an appeal was being considered. But with the legislative session ending, a ruling would be of little immediate consequence.

The punishment against Zephyr was through the end of the 2023 session. Since the Montana legislature convenes every two years, Zephyr would have to be re-elected in 2024 before she could return to the house floor.

Knudsen, a Republican, issued a statement saying the lawsuit was an attempt by outside groups to interfere with the Montana lawmaking process.

Zephyr and several of her Missoula constituents on Monday filed court papers seeking an emergency order allowing her to return to the house floor. Democrats have denounced her exclusion from floor debates as an assault on free speech intended to silence her criticism of new restrictions on gender-affirming care for minors.

GOP leaders under pressure from hardline conservatives silenced Zephyr from participating in floor debates and demanded she apologize almost two weeks ago, after she said those who supported a ban on gender-affirming care for youths would have blood on their hands.

On 24 April, Zephyr raised a microphone in defiance on the house floor as protesters in the gallery demanded she be allowed to speak and refused to leave. Seven were arrested on trespassing charges and two days later lawmakers voted along party lines to oust Zephyr from the floor and gallery.

She has since been working from a bench in a hallway or at a statehouse snack bar.

The actions against Zephyr have propelled her to political prominence. But in Montana, Republicans hope to capitalize on her high profile by painting Democrats as a party of extremists.

The lawsuit seeking to reverse her punishment was filed by attorneys working with the Montana American Civil Liberties Union. It named the house speaker, Matt Regier, and sergeant-at-arms, Brad Murfitt, as defendants.