Transgender lawmaker denied return to Montana Legislature by judge.

Montana Transgender Representative Silenced by Republicans

In a controversial move, Montana transgender Representative Zooey Zephyr was censured by Republicans controlling the state’s House of Representatives. Zephyr, a Democrat, was barred from the House floor, anteroom, or gallery for the remainder of the legislative session for breaking decorum during debates on transgender bills, including one that would deny healthcare treatment for transgender youth.

Unconstitutional Silencing

Zephyr’s attempt to rejoin the debate on the House floor was rejected by a Montana judge, who upheld the legislature’s punishment that silenced the lawmaker. The American Civil Liberties Union of Montana argued that Speaker of the House Matt Regier and Sergeant at Arms Bradley Murfitt had “unfairly, unjustly, and unconstitutionally” silenced Zephyr’s constituents.

Constitutional Separation of Powers

District Court Judge Mike Menahan found that the court’s authority was limited due to the constitutional separation of powers between the legislative and judicial branches. “Even if the Court ultimately finds the House of Representatives, Speaker Regier, and Sergeant at Arms Murfitt acted unlawfully under the facts of this case, it does not have the authority to issue a broad permanent injunction to effectively remove all legislative authority … in relation to a single member,” Menahan wrote in his order.

Options for Appeal

The ACLU of Montana is considering its options, including appeal, but acknowledges a practical difficulty considering the legislative session was expected to end Tuesday night or Wednesday. Montana’s governor signed the bill denying gender-affirming care to minors into law on Friday, two days after the House voted to censure Zephyr.

Key Takeaways

• Montana transgender Representative Zooey Zephyr was censured by Republicans controlling the state’s House of Representatives.
• Zephyr was barred from the House floor, anteroom, or gallery for the remainder of the legislative session for breaking decorum during debates on transgender bills.
• The American Civil Liberties Union of Montana argued that Zephyr’s silencing was unconstitutional.
• District Court Judge Mike Menahan found that the court’s authority was limited due to the constitutional separation of powers between the legislative and judicial branches.
• The ACLU of Montana is considering its options, including appeal.

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