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Montana Democrat seeks judge’s help to override House decorum rules after inspiring trans ‘insurrection’.

Montana Democrat Rep. Zooey Zephyr Sues to Regain Access to House Floor


Montana Democrat Rep. Zooey Zephyr is partnering with the American Civil Liberties Union (ACLU) in an attempt to force reentry to the state House floor this week after Republicans punished the freshman lawmaker over his “hate-filled” comments and a disruptive demonstration he inspired.

On Monday, Zephyr, a man who calls himself a woman and the first trans-identifying member of the Montana House of Representatives, announced a lawsuit with the ACLU to reclaim access to the lower chamber after he was temporarily expelled. While barred from the floor, Zephyr still maintains voting privileges.

Zephyr Fights for His First Amendment Rights

“I’m suing,” he wrote on Twitter.

I’m suing.

The recent actions violate my 1st 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. pic.twitter.com/eyDjgchWPQ

— Rep. Zooey Zephyr (@ZoAndBehold) May 1, 2023

Republicans banned Zephyr from the floor for the rest of the session last week after the freshman lawmaker encouraged demonstrations that disrupted several House sessions. Pro-trans demonstrators flooded the public gallery and demanded Zephyr have debate privileges restored after he was stripped of them for violating decorum the week prior. When lawmakers considered a bill to bar transgender interventions for minors with gender dysphoria last month, Zephyr mocked Republican prayers.

Zephyr’s Controversial Comments

“The only thing I will say is if you vote yes on this bill, and yes on these amendments, I hope the next time there’s an invocation when you bow your heads in prayer, you see the blood on your hands,” he said.

Rep Zooey Zephyr of Missoula said the following when debating SB99 Amendments.

“The only thing I will say is if you vote yes on this bill and yes on these amendments I hope the next time there’s an invocation when you bow your heads in prayer, you see the blood on your hands.” pic.twitter.com/wuhlympbLq

— Montana Freedom Caucus (@MTFreedomCaucus) April 18, 2023

The Missoula-area representative is demanding the district court circumvent colleagues’ multiple votes to censure him following his comments. First, Republicans barred Zephyr from engaging in floor debate until he issues an apology. He responded by encouraging protests that compelled police in riot gear to clear the lower chamber’s public gallery.

Republicans Stand Firm Against Zephyr’s Actions

Montana Legislature Shut Down By Trans Activists

Republican House Speaker Matt Regier canceled the following floor session altogether.

“Currently all Representatives in the Montana House are free to participate in debate while following House rules,” Regier said in a statement. “The choice to not follow House rules is one that Rep. Zephyr has made. The only person silencing Rep. Zephyr is Rep. Zephyr. The Montana House will not be bullied.”

Zephyr Banned from House Floor

On Wednesday, the Republican majority banned a defiant Zephyr from the floor of the lower chamber while allowing the Missoula representative to vote remotely. Montana Republican Gov. Greg Gianforte signed the bill banning transgender medical interventions for minors on Friday.

Similar Incidents in Other States

The saga comes after Tennessee Republicans expelled a pair of Democrats who led another “insurrection” by pro-transgender disruptors at the state Capitol in Nashville after a trans-identified teen murdered six Christians at a nearby school. Tennessee Reps. Justin Jones and Justin Pearson were temporarily removed from the House for using a bullhorn amid the protests. Each was reinstated by local officials in their home districts.

Updates on Zephyr’s Lawsuit

One month after the shooting, officers have still failed to release the Nashville shooter’s manifesto.

UPDATE: Judge Mike Menahan of Montana’s First Judicial District Court denied Zephyr’s motion Tuesday night citing the state constitution’s separation of powers.

“The Montana courts have recognized that the Judicial Branch has no power to revise or overrule the power expressly held by the Montana State Legislature to conduct its business,” Speaker Regier said in a statement. “The House is continuing its work for the people of Montana.”


Tristan Justice is the western correspondent for The Federalist and the author of Social Justice Redux, a conservative newsletter on culture, health, and wellness. He has also written for The Washington Examiner and The Daily Signal. His work has also been featured in Real Clear Politics and Fox News. Tristan graduated from George Washington University where he majored in political science and minored in journalism. Follow him on Twitter at @JusticeTristan or contact him at [email protected]. Sign up for Tristan’s email newsletter here.



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