The American Civil Liberties Union (ACLU) has filed a lawsuit against Montana and its Republican House Speaker Matt Regier, accusing them of violating the First Amendment rights of a Democratic transgender legislator, Zooey Zephyr. The lawsuit alleges that Zephyr was barred from the House floor after protesting a bill that bans gender-affirming healthcare for minors.
The governor of Montana signed the bill into law on Friday, two days after the Republican House majority voted to censure Zephyr and exclude her from the House chamber for the rest of the legislative session. The decision was made after Zephyr said that denying such care would lead to more suicides during a floor debate on April 18. Republicans accused her of violating decorum.
The ACLU filed the lawsuit on Monday in Montana’s First Judicial District Court in the County of Lewis and Clark on behalf of Zephyr and four of her constituents. They argued that barring her from the House floor for her comments “extinguishes a vital part of the job her constituents elected her to do.” Regier did not respond to requests for comment.
Zephyr’s supporters protested at the statehouse on April 24 after the Republican supermajority in the legislature silenced her within the chamber until she apologized for her comments. Seven demonstrators were arrested. Montana ACLU legal director Alex Rate said in a news release that Regier had “unfairly, unjustly, and unconstitutionally” silenced Zephyr’s constituents by silencing her, calling his actions “a direct threat to the bedrock principles that uphold our entire democracy.”
This lawsuit comes after the recent expulsion of two Democratic lawmakers who had protested in support of gun control by a Republican supermajority in the Tennessee statehouse, drawing national attention. However, their county legislatures promptly reappointed them to their seats.
The case highlights the ongoing struggles faced by the LGBTQ+ community in fighting for their rights and representation in government. It also raises questions about the limits of free speech and the responsibilities of elected officials to uphold the rights of all citizens.