Judge rejects Zooey Zephyr bid to return to Montana House
HELENA, Mont. — Rep. Zooey Zephyr, the transgender state lawmaker silenced after telling Republicans they would have blood on their hands for opposing gender-affirming health care for kids, was barred from returning to the Montana House floor in a Tuesday court ruling that came just hours before the Legislature planned to wrap up its biennial session.
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.
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He cited the importance of preserving the Constitution’s separation of powers between 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 lawmakers’ decision to adjourn brought a sudden end to a political standoff that dominated the last days of the Legislature and put a national spotlight on transgender issues and the muffling of dissent in statehouses across the U.S.
It leaves bitter feelings on both sides, with Democrats and the transgender community outraged over Zephyr’s treatment, and Republicans indignant over the vehemence of the response.
Attorneys for the state of Montana had asked the judge to reject an emergency motion from Zephyr’s lawyers challenging her ouster.
The first-term lawmaker was silenced two weeks ago for admonishing Republican lawmakers, then banished from the floor for encouraging a raucous statehouse protest.
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.
An attorney for Zephyr, Alex Rate, said an appeal was being considered. But with the 2023 legislative session ending, a ruling in coming days would be of little immediate consequence.
