Trans lawmaker’s case against Montana House of Reps dismissed by judge
OAN’s Brooke Mallory
1:50 AM – Thursday, November 30, 2023
Following the lawmaker’s censure in April, Democrat state representative Zooey Zephyr, a biological male who identifies as a transgender female, filed a lawsuit against the state’s House of Representatives. However, it was dismissed by a Montana judge on Tuesday, according to court documents.
On April 26th, Zephyr received disciplinary action from House officials for violating parliamentary procedure. A few days earlier, Zephyr supported protesters by holding up a microphone in support of those who had been arrested during the rally. For allegedly violating Zephyr’s “right to free speech,” the transgender lawmaker filed a lawsuit against Republican state House Speaker Matt Regier (R-Mont.) and the House’s Sergeant of Arms Bradley Murfitt.
However, according to court documents, District Judge Mike Menahan argued that the legislature actually does have the right and authority to discipline members who break the rules.
“Article V, Section 10 of the Montana Constitution provides the Legislature the authority to discipline its members,” Menahan wrote. “Unlike in Ramon, where the court found an answer would ‘benefit Montana law enforcement officers by providing authoritative guidance on an unsettled issue regarding their authority,’ the Legislature’s disciplinary authority is not an unsettled issue.”
A bill that would have prohibited physicians from giving cross-sex hormones to adolescents was the subject of the protests. Zephyr said during a state House floor discussion that anyone who supported the proposed law would have “blood on [their] hands.”
In the 28-page lawsuit, Zephyr claimed that by forbidding discussion, the decision to censure “unlawfully silenced [Zephyr].”
However, according to Menahan, Zephyr’s case was “moot” because the censure time had ended and Zephyr had acknowledged that the censure was extremely uncommon and hence unlikely to occur again.
Furthermore, he disregarded the notion that Zephyr’s censure would affect how members carry out their responsibilities since the legislature had the authority to punish elected people for their questionable actions.
The judge’s ruling successfully upheld the “rule of law,” according to Emily Flower, a spokesman for the Montana Attorney General’s Office, the defendants’ legal representative.
“The plaintiffs failed in their attempt to inject the court into legislative affairs and thwart the democratic process,” Flower said. “The decisions in this case rightly upheld the Montana Constitution’s separation of powers and the rule of law.”
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What was the reason for Zooey Zephyr’s lawsuit against the Montana House of Representatives?
Lawmaker Zooey Zephyr’s Lawsuit Dismissed by Montana Judge
On November 30, 2023, it was reported that a lawsuit filed by Democrat state representative Zooey Zephyr against the Montana House of Representatives had been dismissed by a judge. This lawsuit came as a result of Zephyr’s censure by House officials in April for violating parliamentary procedure. However, the judge ruled that the legislature has the right and authority to discipline its members.
Zephyr, a transgender female who identifies as a biological male, filed the lawsuit following the censure. The lawmaker supported protesters by holding up a microphone at a rally and was subsequently disciplined for violating the rules of the House. Allegedly, Zephyr’s “right to free speech” was violated, leading to the lawsuit against Republican state House Speaker Matt Regier and the House’s Sergeant of Arms Bradley Murfitt.
However, District Judge Mike Menahan argued that the legislature indeed has the authority to discipline its members. He referenced Article V, Section 10 of the Montana Constitution, which grants the legislature the power to discipline its members. Menahan stated that the legislature’s disciplinary authority is not an unsettled issue, unlike in a previous case where the court found an answer would benefit law enforcement officers by providing guidance on an unsettled issue regarding their authority.
The protests that Zephyr supported were centered around a bill that aimed to prohibit physicians from administering cross-sex hormones to adolescents. In a state House floor discussion, Zephyr stated that anyone who supported the proposed law would have “blood on their hands.”
In the 28-page lawsuit, Zephyr argued that the decision to censure unlawfully silenced him/her by forbidding discussion. However, Judge Menahan deemed the case “moot” since the censure time had already ended and Zephyr acknowledged that the censure was unlikely to occur again.
Menahan also rejected the notion that the censure would have a significant impact on how members carry out their responsibilities, as the legislature has the authority to punish elected officials for their actions.
The judge’s ruling was praised as upholding the ”rule of law” by Emily Flower, a spokesman for the Montana Attorney General’s Office, which represented the defendants in the case. Flower stated that the plaintiffs’ attempt to involve the court in legislative affairs and undermine the democratic process had failed.
In conclusion, Zooey Zephyr’s lawsuit against the Montana House of Representatives has been dismissed by a judge. The ruling reaffirms the legislature’s authority to discipline its members and upholds the principle of the rule of law.
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