Trans lawmaker’s fight against Montana House censure dealt a blow by judge.

Judge Rejects Transgender Lawmaker’s Bid to Return to Montana House Floor

A judge has denied a request by state Rep. Zooey Zephyr, a transgender lawmaker from Missoula, to immediately return to the Montana House floor following a censure. The censure was imposed after Zephyr assailed colleagues over legislation that would ban transgender surgeries for minors. District Court Judge Mike Menahan ruled that the requested relief would require the court to interfere with legislative authority in a manner that exceeds its authority. Zephyr, who sued along with Missoula County constituents, said the court’s decision “undermines the democratic principles our country was founded on” and vowed to “continue standing for my constituents & community to fight for our democratic institutions.”

Background

The lawsuit filed on Monday came after the GOP-led Montana House voted last week to bar Zephyr, a biological man who identifies as a woman, from attending or speaking at floor sessions after the lawmaker held up a microphone as supporters disrupted the proceedings in the Montana House chamber while chanting, “Let her speak!” The commotion led to several arrests. That standoff took place as Republican leadership refused to recognize Zephyr to speak, citing violations of decorum rules after Zephyr lashed out at other lawmakers who support legislation that would crack down on transgender surgeries for minors.

Appeal and Election

Although an appeal is still possible, the Montana state legislature holds a 90-day legislative session every two years and the current one ends this week. “If we can’t get justice in the courts, we will get it in the ballot box,” Zephyr said, alluding to a re-election bid.

Republican Governor Signs Bill into Law

Republican Governor Greg Gianforte signed the bill into law on Friday. The censure punished Zephyr for the remainder of the current legislative session, but still allowed Zephyr to vote remotely. The complaint argued Zephyr was being silenced when the Montana House was set to consider “critical legislation” on the state’s budget.

State Lawyers Argue Against Emergency Motion

State lawyers argued against the push for an emergency motion, saying the censure was for “good cause.” “One legislator cannot be allowed to halt the ability of the other 99 to engage in civil, orderly, debate concerning issues affecting Montana,” they also said.

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