Rep. Zooey Zephyr barred from returning to Montana House
The legal battle between a Montana House Democrat and her Republican colleagues continued this week after a judge ruled Tuesday that Rep. Zooey Zephyr was barred from returning to the state House floor.
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 U.S. Constitution’s separation of powers among the legislative, executive and judicial branches.
“Plaintiffs’ requested relief would require this Court to interfere with legislative authority in a manner that exceeds this Court’s authority,” Menahan wrote in his ruling.
The ruling and the state legislature's move to adjourn brought an end to a political standoff that put a national spotlight on transgender issues and the muffling of dissent in statehouses across the United States. Democrats and the transgender community have been outraged over Zephyr’s treatment, and Republicans have been immovable despite her supporters who have gathered in protest, demanding to "let her speak."
How it started: A lawmaker told colleagues there would be ‘blood on your hands.’ She’s been silenced for 3 days.
Why Zooey Zephyr is fighting with Montana Republicans
The fight started last month after Zephyr, the first openly transgender woman elected to Montana's legislature, was silenced upon telling Republicans they would have blood on their hands for opposing gender-affirming health care for kids.
A group of Republican lawmakers known as the Montana Freedom Caucus sought to punish Zephyr, accusing her of displaying “hateful rhetoric” and calling for the lawmaker's censure in a letter shared on social media.
Montana House Speaker Matt Regier later declined to allow Zephyr to speak about a bill that would put definitions of male and female into the state’s code.
Last week, Zephyr elevated the fight. "I'm suing," she tweeted on April 24. "The recent actions violate my first amendment rights, as well as the rights of my 11,000 constituents to representation. Montana's State House is the people’s House, not Speaker Regier’s, and I’m determined to defend the right of the people to have their voices heard."
The American Civil Liberties Union of Montana, along with several attorneys, filed the lawsuit on her behalf in state court Monday against the state of Montana, Regier and Sergeant at Arms Bradley Murfitt. The lawsuit alleges House leadership's actions are a violation of Zephyr's First Amendment rights.
Attorneys for the state had asked the judge to reject an emergency motion from Zephyr’s lawyers challenging her ouster.
“This is performance litigation – political activism masquerading as a lawsuit," said Emily Flower, the press secretary for Montana Department of Justice Attorney General Austin Knudsen. "The ACLU is trying to use the courts to interfere with the legislature as it carries out its constitutional duties on behalf of Montanans. Any relief granted by the court would be a gross violation of the separation of powers.”
'I'm suing' Montana state Rep. Zooey Zephyr sues Republican leadership after censure vote
'Entirely wrong': Zephyr reacts to ruling
Zephyr told The Associated Press that Menahan’s decision was “entirely wrong.”
“It’s a really sad day for the country when the majority party can silence representation from the minority party whenever they take issue,” Zephyr said.
Her attorney, Alex Rate, said an appeal was being considered.
But an appeal may not matter because the 2023 legislative session is ending soon, and Zephyr's punishment was valid through the end of the 2023 session.
Montana’s state legislature convenes every two years, and Zephyr would have to be re-elected in 2024 before returning to the House floor in two years.
Contributing: The Associated Press; Marina Pitofsky and Rachel Looker, Paste BN