Transgender Montana lawmaker Zooey Zephyr’s appeal to return to the state’s House floor was denied by a judge.
Judge Mike Menahan of the state’s First District Court, a Democrat and former representative, said in a five-page response letter that he did not have the authority to intervene in the legislative dispute, the New York Times reported. Zephyr had filed the lawsuit on Monday, protesting the lawmaker’s censure after a series of provocative comments and rowdy demonstrations by Zephyr’s supporters.
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Zephyr’s lawsuit claimed that the lawmaker’s First Amendment right to free speech was being violated by the censure.
“The lawsuit alleges that recent actions undertaken by House leadership to silence Representative Zephyr are a violation of [the lawmaker’s] own First Amendment rights and the rights of [Zephyr’s] 11,000 constituents to representation in their state government,” a release by the ACLU, which is representing Zephyr, stated. The lawsuit demanded that Zephyr’s censure be immediately revoked.
The controversy started last month when Zephyr was denouncing a bill that would ban cross-sex hormone treatments and sex reassignment surgeries for minors. Zephyr claimed that passing the bill was “tantamount to torture” and that if Republicans passed the bill, they would have “blood on your hands.”
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Zephyr was prevented from speaking afterward, leading to riotous protests from the lawmaker’s supporters. The state House denounced the behavior as an attack on civil discourse, voting to censure Zephyr in the aftermath.
“House Republicans condemn violence and will always stand for civil debate and respect for our democratic process of government,” their statement said. “Today’s riot by far-left agitators damages our discourse and endangered legislators and staff. Their actions did not represent Montana values. We want to thank our law enforcement for maintaining order and protecting the safety of everyone at the Capitol. House leadership will stand firm in our commitment to decorum, safety, and order.”
