On Tuesday, a Montana judge rejected a last-minute legal attempt by transgender Representative Zooey Zephyr to rejoin debate on the House floor. Republicans controlling Montana’s House of Representatives had barred Zephyr from the floor, anteroom or gallery for the remainder of the legislative session as punishment for breaking decorum during debates on transgender bills. This included one that would deny healthcare treatment for transgender youth.
During the debate, Zephyr had told Republicans they would have “blood on [their] hands,” prompting them to cut off her microphone. Days later, she was denied floor privileges for encouraging a noisy but peaceful demonstration that disrupted a House session. The American Civil Liberties Union of Montana argued that the punishment had “unfairly, unjustly, and unconstitutionally” silenced Zephyr’s constituents.
However, District Court Judge Mike Menahan found 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.
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. The ACLU of Montana is considering its options, including an appeal. However, the legislative session was expected to end Tuesday night or Wednesday, posing a practical difficulty for any further action.
The case highlights ongoing debates over the rights of transgender individuals and their representation in political spheres. Despite the setback, Zephyr’s outspoken stance on transgender issues could still have an impact in Montana and beyond.