Zooey Zephyr, the transgender state lawmaker silenced after telling Republicans they would have blood on their hands for opposing gender-affirming healthcare for kids, was barred from returning to the Montana house floor in a Tuesday court ruling hours before the legislature wrapped up its biennial session.
A district court judge, Mike Menahan, said it was outside his authority to overrule lawmakers who voted last week to exclude Zephyr from the house floor and debates. He cited the importance of preserving the separation of powers between the legislative, executive and judicial branches.
“Plaintiffs’ requested relief would require this court to interfere with legislative authority in a manner that exceeds this court’s authority,” Menahan wrote.
The ruling and lawmakers’ decision to adjourn brought a sudden end to a standoff that put a national spotlight on transgender issues and the muffling of dissent in statehouses across the US.
Democrats and the transgender community were outraged over Zephyr’s treatment. Republicans were indignant over the vehemence of the response.
Attorneys for the state asked the judge to reject an emergency motion from Zephyr’s lawyers. The first-term lawmaker was silenced two weeks ago for admonishing Republicans, then banished from the floor for encouraging a statehouse protest.
Zephyr told the Associated Press Menahan’s decision was “entirely wrong”.
“It’s a really sad day for the country when the majority party can silence representation from the minority party whenever they take issue,” Zephyr said.
An attorney for Zephyr, Alex Rate, said an appeal was being considered. But with the legislative session ending, a ruling would be of little immediate consequence.
The punishment against Zephyr was through the end of the 2023 session. Since the Montana legislature convenes every two years, Zephyr would have to be re-elected in 2024 before she could return to the house floor.
Lawyers working under the state attorney general, Austin Knudsen, cautioned that any intervention by the courts on Zephyr’s behalf would be a blatant violation of the separation of powers. They wrote in a court filing that the statehouse retains “exclusive constitutional authority” to discipline its own members.
Knudsen, a Republican, issued a statement saying the lawsuit was an attempt by outside groups to interfere with the Montana lawmaking process.
”Today’s decision is a win for the rule of law and the separation of powers enshrined in our constitution,” he said.
Zephyr and several of her Missoula constituents on Monday filed court papers seeking an emergency order allowing her to return to the house floor. Democrats have denounced her exclusion from floor debates as an assault on free speech intended to silence her criticism of new restrictions on gender-affirming care for minors.
But lawyers for the state said the censure of Zephyr was “for good cause” following the 24 April demonstration.
“One legislator cannot be allowed to halt the ability of the other 99 to engage in civil, orderly, debate concerning issues affecting Montana,” state lawyers wrote.
GOP leaders under pressure from hardline conservatives silenced Zephyr from participating in floor debates and demanded she apologize almost two weeks ago, after she said those who supported a ban on gender-affirming care for youths would have blood on their hands.
On 24 April, Zephyr raised a microphone in defiance on the house floor as protesters in the gallery demanded she be allowed to speak and refused to leave. Seven were arrested on trespassing charges and two days later lawmakers voted along party lines to oust Zephyr from the floor and gallery.
She has since been working from a bench in a hallway or at a statehouse snack bar.
The actions against Zephyr have propelled her to political prominence. But in Montana, Republicans hope to capitalize on her high profile by painting Democrats as a party of extremists.
The lawsuit seeking to reverse her punishment was filed by attorneys working with the Montana American Civil Liberties Union. It named the house speaker, Matt Regier, and sergeant-at-arms, Brad Murfitt, as defendants.
Source: US Politics - theguardian.com
