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    Montana Republican Senate candidate criticized for racist Facebook posts

    The US Senate campaign of Montana Republican Tim Sheehy has been forced on to the defensive following the publication of misogynistic and racist social media posts he is alleged to have written.Sheehy is one of his party’s leading hopes to help it take control of the Senate in next year’s elections, and he is running for the Republican nomination to challenge Jon Tester, seen as one of the most vulnerable Democrats seeking re-election.The surfacing of the old Facebook posts threatens to damage the reputation of the former US Navy Seal, an ally of Donald Trump who describes himself on a campaign fundraising website as a “businessman, a husband, a father, and a humble servant of God”.The revelations and screenshots of the posts were published on Tuesday night by Insider, which said Sheehy’s old Facebook profile – since taken down – was “full of questionable photos”, including “lewd photos of women, a caricature of Middle Eastern people, and homoerotic jokes”.One post features a photo allegedly uploaded by Sheehy of a friend drinking from a bottle lodged between a woman’s breasts, and a comment from him which reads in part: “I don’t think her boobs are that big.”In another, Sheehy appears dressed in a white robe and keffiyeh, alongside friends dressed as Iraq’s former president Saddam Hussein, who was executed in 2006 for crimes against humanity.A third features a woman identified as Sheehy’s now-wife Carmen in a stars-and-stripes bikini, firing what appears to be an automatic weapon. “She’s not a skank … she’s a very fit defender of Americas [sic] freedom obviously,” he wrote in an accompanying comment.The posts, the outlet said, were made between 2006 and 2008, when Sheehy was a student at separate army and navy military training academies, and were “much of what one might expect from an adolescent posting on a burgeoning social media network in the 2000s”.The Guardian has reached out to Sheehy’s campaign for comment.In a statement to Insider, Sheehy spokesperson Katie Martin did not deny he had made the posts but called the story “harassment of a war hero over some goofing around as a kid”.Sheehy, who founded his own aerospace company when he became “medically separated” from the military after being wounded during a tour of duty in Afghanistan, was twice decorated for “valor in combat”.Martin also blamed “Democrats” for circulating the screenshots and accused them of hypocrisy over an episode reported last month by Fox News in which Tester is alleged to have urinated in a field in front of a journalist.“Neither he nor his staff have yet to explain why a grown man at 66 years old would find that behavior appropriate,” Martin told the Insider.Sheehy launched his campaign last month and faces a “competitive primary” for his party’s Senate nomination, according to the Montana Free Press.Among his likely opponents, Politico said, is conservative state lawmaker Matt Rosendale, a “rabble rouser” who lost to Tester in 2018 by almost 4% in a state Trump won handily in the 2016 and 2020 presidential races.Democrats have accused Sheehy, a millionaire businessman with roots in Minnesota, as an “out of state transplant” recruited by Republican leadership specifically to challenge Tester.“Jon Tester has farm equipment that’s been in Montana longer than Tim Sheehy,” Monica Robinson, a spokesperson for the state Democratic party, told the Free Press. More

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    Montana becomes first US state to ban TikTok

    Montana has became the first US state to ban TikTok after the governor signed legislation prohibiting mobile application stores from offering the app within the state by next year.The move is among the most dramatic in a series of US escalations against TikTok, which is owned by Chinese tech company ByteDance. TikTok has come under increasing scrutiny over its ties to China, amid concerns that such links could pose a national security threat.The federal government, and more than half of US states, have prohibited the app on government devices and the Biden administration has threatened a national ban unless its parent company sells its shares.The company has previously denied that it has ever shared data with the Chinese government and has said the company would not do so if asked.TikTok said in a statement that the Montana bill “infringes on the first amendment rights of the people of Montana by unlawfully banning TikTok”, and that the company intends to “defend the rights of our users inside and outside of Montana”.In March, TikTok’s CEO, Shou Zi Chew, was forced to defend his company’s relationship with China at a bipartisan congressional hearing, with lawmakers also grilling the CEO on the social network’s impact on the mental health of young people.TikTok is one of the world’s most popular social networks with more than 100 million US users, and questions remain about how such bans will be enforced and what their impact will be on creators who use the platform.Montana’s new law, which will take effect 1 January, prohibits downloads of TikTok in the state and would fine any “entity” – an app store or TikTok – $10,000 per day for each time someone “is offered the ability” to access the social media platform or download the app. The penalties would not apply to users.Montana’s ban is expected to face legal challenges, and will serve as a testing ground for the TikTok-free America that many national lawmakers have envisioned.Gianforte also prohibited the use of all social media applications that collect and provide personal information or data to foreign adversaries on government-issued devices. Among the apps he listed are WeChat, whose parent company is headquartered in China; and Telegram Messenger, which was founded in Russia.skip past newsletter promotionafter newsletter promotionOpponents consider the measure to be government overreach and say Montana residents could easily circumvent the ban by using a virtual private network, a service that shields internet users by encrypting their data traffic, preventing others from observing their web browsing. Meanwhile, internet freedom advocates and others have criticized the US crackdown as amounting to censorship.Keegan Medrano, policy director for the ACLU of Montana, said the legislature “trampled on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information and run their small business in the name of anti-Chinese sentiment”.NetChoice, a trade group that counts Google and TikTok as its members, called the bill unconstitutional.“This is a clear violation of the constitution, which prohibits the government from blocking Americans from accessing constitutionally-protected speech online via websites or apps,” Carl Szabo, who serves as the group’s vice president and general counsel, said in a statement. More

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    Court upholds exclusion of transgender lawmaker from Montana legislature

    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. More

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    What Should Kamala Harris’s Role Be Now?

    More from our inbox:Conflict in Montana Over a Transgender LawmakerWomen at Peace TalksMedical Assistance in DyingVice President Kamala Harris with President Biden at the White House in February.Doug Mills/The New York TimesTo the Editor:Re “Kamala Harris Really Matters in 2024,” by Thomas L. Friedman (column, April 26):Mr. Friedman identifies the heightened peril of this moment and states that President Biden “absolutely has to win.” Having declared his candidacy for a second term, Mr. Biden needs to address age-related questions head on. Consequently, his running mate faces greater scrutiny.Thus far, Vice President Kamala Harris hasn’t forged her own identity. By the very nature of the job, she is confined to a supporting role, but she needs breakout moments of not being a tightly programmed V.P. She must trust her own best instincts. Go off script. (Her handlers will be aghast.) Make mistakes and learn from them.After many years of being the consummate pragmatic politician, Mr. Biden seems to be more fully at ease in his own skin and seems to revel in the daunting challenges his presidency faces — head on with admirable grace and courage. He can free her to dare to do the same.Barbara Allen KenneyPaso Robles, Calif.To the Editor:Thomas L. Friedman is way off base in suggesting that Kamala Harris may be saved by giving her a variety of portfolios. She simply lacks the foreign policy and defense chops to justify putting her a heartbeat away from the presidency, especially when the president, if re-elected, would be well into his 80s as his second term progresses.The challenges posed by Russia, China, North Korea and others are simply too great to put a rookie in charge.Rubin GuttmanClevelandTo the Editor:Thomas L. Friedman’s column about a Biden-Harris ticket as a must win in 2024 is spot on. I disagree, however, with his suggestions for how best to elevate Kamala Harris on a national and international stage. Working on rural U.S. initiatives?! Ensuring our pre-eminence in artificial intelligence?!Come on! She needs to be in charge of those things she does best: passionate defense of social justice issues, including international diplomacy and equity for nations that are struggling with ruthless civil wars.We need Kamala Harris to develop and demonstrate her ability to both challenge autocracies and support struggling democracies à la Madeleine Albright.Judy WagenerMadison, Wis.To the Editor:Here’s an idea for the Democratic Party to consider: Get Kamala Harris back to California by having her take Dianne Feinstein’s Senate seat. Ms. Harris was very productive in California as attorney general and later as a senator. Unfortunately the 89-year-old Ms. Feinstein is no longer capable of doing the job.Ms. Harris might relish the opportunity to once again represent the Golden State. Furthermore this would free President Biden to select a running mate without its looking as though he were abandoning his loyal vice president.A relatively progressive running mate such as Senator Mark Kelly of Arizona would likely garner more votes and the electorate wouldn’t have to ponder whether it is Ms. Harris they’d want in the Oval Office should Mr. Biden’s health become an issue.Steven BrozinskyLa Jolla, Calif.To the Editor:While I agree completely with everything that Thomas L. Friedman says in his insightful column, there is one aspect about it that mystifies me. I agree that President Biden’s age is a concern for voters. But why isn’t Donald Trump’s age an even greater concern for voters? He is only four years younger than President Biden, is seriously overweight, and apparently never encountered a hamburger he couldn’t resist.Please stop focusing so obsessively on President Biden’s age without also raising the issue of Mr. Trump’s age and physical condition.Stephen CreagerSan FranciscoConflict in Montana Over a Transgender LawmakerRepresentative Zooey Zephyr, right, with Representative SJ Howell in the hallway outside the main chamber of the Montana House. Ms. Zephyr was monitoring debate on a laptop and casting votes from the hallway.Brittany Peterson/Associated PressTo the Editor:Re “Montana House Bars Transgender Lawmaker From Chamber Floor” (news article, April 27):Our legislature’s problem is that this is the 21st century. Young people and marginalized communities want to express themselves and to have a voice, but many older Montanans remain set in their ways. From Native American rights to climate change to transgender rights, the old guard appears oblivious.Historically, the state has suffered from a lack of diversity, and the influx of recent transplants in communities such as Bozeman and Missoula exacerbates a reactionary mind-set.The state is struggling to find a new equilibrium. Until it does, unfortunately, we may see more pictures in the news of stodgy old people making fools of themselves at the Montana statehouse.In the meantime, all Montanans and all Americans should stand behind Representative Zooey Zephyr, who was barred from participating in deliberations because of her impassioned comments on transgender issues, and the other courageous young people working to bend the arc of history toward justice.Peter CaposselaWhitefish, Mont.Women at Peace TalksA destroyed military vehicle in Khartoum, Sudan.Marwan Ali/Associated PressTo the Editor:Re “The Violence in Sudan Is Partly Our Fault,” by Jacqueline Burns (Opinion guest essay, April 24):The admission that U.S. and international peace negotiators got it wrong by engaging with leaders of Sudanese armed groups must spark a new kind of action to ensure that peace negotiations include women and the concerns that they bring to the table.Women’s exclusion from peace processes is all too common, such as in Syria and Afghanistan, and the consequences are dire. Women must be at the table, not only because that’s what fairness demands.Research has shown that when women are meaningfully included in negotiations, a peace agreement is 35 percent more likely to last at least 15 years. That’s because women’s leadership represents the needs of wider communities, resulting in greater legitimacy and democratic participation.We must also ask: Why? Why was it so much easier to patiently engage armed leaders with no demonstrated interest in peace, while women and other civil society leaders were told to wait their turn? If we can name the answer — patriarchal attitudes that permeate policymaking the world over — we will be in a better position to confront them and get peacemaking right.Yifat SusskindNew YorkThe writer is executive director of MADRE, an international women’s human rights organization and feminist fund.Medical Assistance in Dying Kyutae LeeTo the Editor:Re “Medical Assistance in Dying Should Not Exclude Mental Illness,” by Clancy Martin (Opinion guest essay, nytimes.com, April 21):As a psychiatrist, I have always had concerns about physicians assisting dying in those with terminal medical illnesses. Patients can change their minds about that wish with better pain control. If depression is present, its treatment can help lift spirits and facilitate discovery of reasons for wanting to live longer.Medical assistance in dying (MAID) for mental illness, scheduled to start less than a year from now in Canada, is more problematic, as the wish to die is a symptom of depression. Significant improvement has been made with psychiatric treatments. But the movement for MAID is a clear message that greater progress and access to care are essential.Jeffrey B. FreedmanNew York More

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    Montana governor lobbied by non-binary son to reject anti-trans bills

    The son of the Republican governor of Montana, Greg Gianforte, met their father in his office to lobby him to reject several bills that would harm transgender people in the state, the Montana Free Press reported.David Gianforte told the paper they identify as non-binary and use he/they pronouns – the first time they disclosed their gender identity publicly. They told the outlet they felt an obligation to use their relationship with their father to stand up for LGBTQ+ people in the state.“There are a lot of important issues passing through the legislature right now,” they said in a statement. “For my own sake I’ve chosen to focus primarily on transgender rights, as that would significantly directly affect a number of my friends … I would like to make the argument that these bills are immoral, unjust, and frankly a violation of human rights.”The governor, who assaulted a Guardian reporter in 2017, responded with an email that said: “I would like to better understand your thoughts and concerns. When can we get together to talk about it? Love, Dad.”Brooke Stroyke, a spokesperson for the governor, declined to comment to the Montana Free Press.“The governor loves his family and values their thoughts, ideas and perspectives,” Stroyke said. “Our office will not discuss private conversations between the governor and members of his family.”Republicans across the US have moved to restrict transgender rights. Ten bills in the Montana state legislature this session target transgender people, according to translegislation.com, an online tracker.Those bills including measures that would deny gender-affirming care to minors and limit the definition of sex in state law, which could limit legal protections for transgender people. Another bill prohibits drag shows on any public property or places where minors are present.On Tuesday, the state legislature voted to ban Zooey Zephyr, a transgender Democratic lawmaker, from the statehouse floor. Zephyr previously told lawmakers they would have “blood on their hands”.David Gianforte told the Montana Free Press they didn’t expect their lobbying to ultimately change the outcome of the bill.“I feel like I have a voice and I can be heard,” they said. “And I feel, not only in communicating with my father, that’s not necessarily the main point, but also just showing support for the transgender community in Montana. I think that could be meaningful, especially at this time.”Greg Gianforte pleaded guilty in 2017 to a charge of misdemeanor assault after he attacked the Guardian reporter Ben Jacobs on the eve of his election to the US House. Gianforte received a six-month deferred sentence and served no jail time. He became Montana governor in 2021.A few weeks after the meeting between the governor and David, the governor sent the legislation banning transgender-affirming care back to the legislature with revisions. David said the press release accompanying those changes was “bizarre”.“It’s bizarre to me to read the press release that my father put out,” David said. “He talks about compassion toward children, the youth of Montana, while simultaneously taking away healthcare from the youth in Montana.“It’s basically a contradiction in my mind.” More

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    Montana Republicans bar transgender lawmaker from the statehouse floor

    Montana Republicans have barred the transgender lawmaker Zooey Zephyr from the statehouse floor for the rest of the session after she told colleagues they would have “blood on your hands” if they voted to ban gender-affirming medical care for trans children.Under the terms of the punishment, Zephyr will still be able to vote remotely. The Democratic representative had been forbidden from speaking for the past week over her comments, which Republicans said violated decorum.The decision to silence Zephyr had already drawn protests that brought the statehouse to a halt on Monday as demonstrators demanded Zephyr be allowed to speak.In a defiant speech on Wednesday before lawmakers voted, Zephyr said she was taking a stand for the LGBTQ+ community, her constituents in Missoula and “democracy itself”.She accused the Republican house speaker, Matt Regier, of taking away the voices of her 11,000 constituents and attempting to drive “a nail in the coffin of democracy” by silencing her.“If you use decorum to silence people who hold you accountable, then all you’re doing is using decorum as a tool of oppression,” she said.Zephyr’s punishment has ignited a firestorm of debate about governance and who has a voice in democracy in politically polarizing times, much like recent events in the Tennessee statehouse where two black lawmakers were expelled after participating in a post-school shooting gun control protest that interrupted proceedings.In Montana, Republicans said they would not let the Missoula lawmaker speak unless she apologized for her remarks last week on the proposed ban, which she refused to do. Conservative Republicans have repeatedly misgendered Zephyr since the remarks, deliberately using incorrect pronouns to describe her.Zephyr’s remarks, and the Republican response, set off a chain of events that culminated in a rally outside the capitol at noon Monday. Protesters later packed into the gallery at the statehouse and brought House proceedings to a halt while chanting “Let her speak.” The scene galvanized her supporters and and those saying her actions constitute an unacceptable attack on civil discourse. Police arrested seven people at the capitol.Tuesday’s floor session was cancelled without explanation, and Republican leaders closed the gallery to the public on Wednesday “to maintain decorum and ensure safety”, they said in a letter to Zephyr.The events have sent shockwaves through Missoula, a liberal college town where 80% of voters sent the first openly trans legislator in state history to the state capital.“When she first ran I thought, ‘they’re going to do something to limit her power’,” said Erin Flint, 28. But she didn’t expect Zephyr to be silenced completely.Montana has long leaned to the right, but with more of a libertarian bent than a zest for culture wars. That allowed Democrats to win the governorship regularly for decades, and occasionally to win control of one or more houses of the legislature.Andy Nelson grew up in a town of 750 people in eastern Montana, and only felt comfortable coming out as gay in his senior year of college at the University of Montana in Missoula, when he volunteered at the Center, a local LGBTQ+ community group where he is now executive director. He remembered long discussions wondering whether such a group was still necessary after gay marriage was legalized nationally in 2015. But that all changed in 2016, with the presidential candidacy of Donald Trump.Trump handily won the state that year and in 2020. Republicans now hold both congressional seats and all statewide offices, although one of the state’s two US Senate seats is held by Democrat John Tester, a top GOP target in 2024. Last year, as Zephyr was elected in her Missoula district of about 11,000 residents, the GOP Republicans rode a surge in popular support to win a supermajority in both chambers of the legislature.Zeke Cork, 62, one of the Center’s board members, recalled the 1970s as a great time to be out in Missoula, though he said he had to follow certain rules to be safe. A railroad dispatcher, Cork has lived all over the US but returned to Montana in 2015. He felt safe enough to transition fully two years ago.Cork has been traveling to the state capitol in Helena to speak against the legislation affecting trans people since it was first introduced. After Zephyr was silenced, he joined dozens of others from Missoula at the capitol earlier this week.“We would much rather be living quiet lives, out of the spotlight, living under the radar, living our best lives,” Cork said. “I don’t want to be having this battle.”But, Cork added, the community has no choice. “She speaks for me and I sent her to that house,” said Cork, who lives in Zephyr’s district. “We’re fighting for democracy right now.” More

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    ‘Let her speak!’: protests after Montana Republicans silence trans lawmaker

    Montana protesters brought the state house to a halt on Monday after Republican legislative leaders prevented a transgender lawmaker from speaking for a third day over her remarks about banning gender-affirming medical care for trans youth.The interruption is the latest development in a three-day fight over Montana state representative Zooey Zephyr’s remarks against lawmakers who support a ban on gender-affirming care. Zephyr, who is trans and a first-term Democrat, hasn’t been allowed to speak on the state house floor since Thursday because she told Republican colleagues last week they would have “blood on their hands” if they banned gender-affirming medical care.Police arrested half a dozen of Zephyr’s supporters. Protesters, some of whom were forcibly removed from the chambers, chanted “Let her speak!” from the gallery before they were escorted out.The Missoula Democrat was silenced and deliberately misgendered by some Republican lawmakers throughout last week. She was silenced for a second day on Friday as her Republican colleagues refused to let her speak on the chamber’s floor about a bill that would prevent minors from seeing pornography online.Republican leaders have insisted Zephyr won’t be allowed to speak until she apologizes. Matt Regier, the house speaker, and his Republican colleagues have indicated they have no plans to back down.“There are 10,000 Montanans whose voice will not be heard because their representative will not be allowed to speak, and that makes me really sad,” said Representative Connie Keogh, another Missoula Democrat, as proceedings opened on Monday afternoon.The standoff is the latest example of emergent discussions around civility, decorum and how to discuss political issues many perceive as life and death. Proponents of the ban on gender-affirming care see Zephyr’s remarks as unprecedented and personal in nature. She and her supporters say they accurately illustrate the stakes of the legislation under discussion, arguing that restricting gender-affirming care endangers trans youth, who many studies suggest suffer disproportionately from depression and suicidal tendency.Katy Spence, a constituent of Zephyr’s who drove to the Capitol from Missoula on Monday, said the standoff was about censoring ideas, not decorum.“She’s been silenced because she spoke the truth about what these anti-trans bills are doing in Montana – to trans youth especially,” she said of Zephyr.Zephyr’s supporters gathered outside the statehouse on Monday, waving pride flags and chanting “Let her speak!”. As proceedings began, they filled the statehouse gallery and supplemental Montana highway patrol officers stood by to monitor developments. Zephyr voted on various measures, but leadership pushed discussion of a bill she requested to speak on to the end of the agenda.Republicans denied Zephyr’s requests to speak on a proposal that would have restricted when children could change the names and pronouns they use in school and required their parents’ consent, prompting her supporters to interrupt proceedings for nearly half an hour. In the initial moments after proceedings were paused Monday afternoon, Zephyr defiantly hoisted a non-functioning microphone into the air.Zephyr’s supporters were escorted from the gallery above the state house floor, several by force. Leaders cut the sound on the video feed and Zephyr remained on the floor holding her microphone. Zephyr did not return after lawmakers reconvened and wrote on Twitter that she would be back after showing “support for those who were arrested defending democracy”.Zephyr told the Associated Press she was headed to the county jail with the half dozen protesters who were arrested.The display followed a promise Zephyr made earlier on Monday, when she told supporters on the statehouse steps that she planned to continue speaking forcefully against legislation that members of the trans community, including herself, consider matters of life and death.“I was sent here to speak on behalf of my constituents and to speak on behalf of my community. It’s the promise I made when I got elected and it’s a promise that I will continue to keep every single day,” Zephyr said before walking into the house chamber.She connected the trans community’s plight against gender-affirming care bans to the political fights animating other marginalized groups throughout the United States.“When those communities who see the repercussions of those bills have the audacity to stand up and say, ‘This legislation gets us killed,’ those in power aren’t content with just passing those hateful harmful bills,” she said. “What they are demanding is silence. We will not be complicit in our eradication.”Last year, Zephyr became the first openly trans woman elected to the Montana legislature – putting her among a record number of trans lawmakers who began serving across the US.The dispute started last Tuesday when the house was debating the Republican governor Greg Gianforte’s proposed amendments to a measure banning gender-affirming care for minors. Zephyr spoke up in reference to the body’s opening prayer.“I hope the next time there’s an invocation, when you bow your heads in prayer, you see the blood on your hands,” she said.Sue Vinton, the Republican house majority leader, called Zephyr’s comments inappropriate and disrespectful. That evening, a group of conservative lawmakers known as the Montana Freedom Caucus demanded Zephyr’s censure and deliberately referred to her using male pronouns in their letter and a tweet.The bill banning gender-affirming care for minors is awaiting Gianforte’s signature. He has indicated he will sign it. The bill calls for it to take effect on 1 October, but the American Civil Liberties Union and Lambda Legal have said they will challenge it in court. More

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    Facing Tough Senate Race, Montana G.O.P. Looks to Change the Rules

    An election bill moving through the Republican-led Legislature would rewrite the rules for a single race: the looming battle against Senator Jon Tester, a Democrat.HELENA, Mont. — Republicans typically cry foul when accused of rewriting election laws to benefit their candidates. But as the Montana Legislature debates a new voting bill, even some G.O.P. lawmakers concede that this one appears designed to help them win elections — more precisely, one very important election.The bill would rewrite the rules for the state’s next U.S. Senate race and only that race. The 2024 fight to oust Senator Jon Tester, a Democrat, is expected to be one of the tightest in the country.The legislation would shift the contest from a traditional election into a “top two” primary system, making it exceedingly difficult for third parties to reach a general election ballot. Some believe the system would keep the state’s vibrant Libertarian Party from siphoning votes from the Republican nominee.The 2024 fight to oust Jon Tester, a Democratic senator from Montana, is expected to be one of the tightest in the country.Sarah Silbiger/ReutersWhile supporters of the bill say it makes elections fairer, both Republican and Democratic lawmakers in Helena have claimed that the bill reeks of political interference. Some have chafed at the involvement of Washington operatives, especially allies of Senator Steve Daines. A Montana Republican and head of the National Republican Senatorial Committee, Mr. Daines is leading the party’s campaign to win control of the Senate in 2024.Brad Molnar, a Republican state senator who opposes the bill, criticized Washington meddling in Montana politics, saying that if national Republicans get involved, “we will lose.” He predicted that the bill would backfire on Republicans if angry Libertarians flock to Democrats. “They will be angry. Why wouldn’t they be? I’m not a libertarian, and I’m angry.”The bill’s sponsor, State Senator Greg Hertz, said he was trying to ensure that Montana’s senator would win with more than 50 percent of the vote and to also tamp down on parties’ interference with third-party candidates.Mr. Hertz said he had designed the bill to apply only to the upcoming Senate race because he saw it as a test run. He expected the Legislature to examine expanding the system to congressional, state legislative and other statewide races in the future.The system would mirror California’s primaries, where all the candidates from all the parties appear on the same ballot, and the top two vote-getters face off in the general election.The bill passed the Montana Senate last week by a narrow margin, with seven Republican senators voting against it. A House committee will hold a hearing on the bill on Friday.State Senator Greg Hertz, the bill’s sponsor, says he was trying to tamp down on parties’ interference with third-party candidates.Janie Osborne for The New York TimesMultiple former Republican officials are expected to testify against it. The Libertarian Party has also been organizing opposition to the bill. The state’s Republican governor has not weighed in.But the forces crafting the bill and pushing it through are powerful.Chuck Denowh, a lobbyist who worked for Mr. Daines’s 2020 campaign and has ties to the Montana Republican Party, has been working closely with Mr. Hertz. At one point he suggested critical changes that focused the bill on Mr. Tester’s race, according to emails reviewed by The New York Times.“We would like it to apply only to United States Senate races,” Mr. Denowh said in an email sent on March 26 to multiple lawmakers, including Mr. Hertz. “We’d like a sunset in 2025,” he added. It was not clear whom “we” was referring to, and Mr. Denowh declined to answer questions.Mr. Hertz quickly agreed with the changes and asked State Senator Steven J. Fitzpatrick, the House majority leader, who was copied on the email chain, to make the newly reworked proposal “a priority bill.”The sudden changes and swift reintroduction after an initial failure in committee caught Republican lawmakers by surprise.In a text message chain among eight Republican senators, Mr. Fitzpatrick answered lawmakers’ concerns by telling them the bill “came from Daines” and that it was the “brainchild of the Jason Thielman,” according to screenshots of the texts obtained by The New York Times. Mr. Thielman is a longtime Daines aide who is now the executive director of the N.R.S.C.“No wonder I don’t like it,” responded Senator Dan Salomon, a Republican state senator who voted against the bill.When asked about the text messages, Mr. Fitzpatrick said that he had never spoken directly with Mr. Daines about the bill, but that he believed the effort originated with national Republicans.Mr. Daines has not weighed in publicly. Rachel Dumke, a spokeswoman for Mr. Daines’s office, declined to comment.At least two Republican lawmakers in Montana said they had been pressured by Mr. Daines’s office to support the bill. And one Republican state senator received a text message from state Republican Party officials explicitly saying the bill was needed to defeat Mr. Tester. The lawmakers asked for anonymity to disclose private discussions.In an interview, Mr. Hertz said he had been working on election issues since last September, initially exploring adding a runoff election. But he acknowledged that his efforts seemed to gain national interest when he zeroed in on the Senate race.“Yeah, I heard from a lot of people in D.C. at that point in time,” Mr. Hertz said. He added that he hadn’t spoken with Mr. Daines personally but had spoken with Mr. Thielman repeatedly about the status of the bill.A spokesman for the N.R.S.C., Mike Berg, declined to comment on Mr. Thielman’s involvement.“The optics of the situation, I felt, were bad … I want to do it across the board,” said Jason Small, a Republican state senator who voted against the bill.Janie Osborne for The New York TimesMr. Hertz said that he thought the changes would help third parties. “This gives them an opportunity in the primary to win more votes. And if you have enough support, you will end up on the general ballot, and that will give you an opportunity to make your case to the voters of Montana.”A spokeswoman for Gov. Greg Gianforte declined to respond to questions, pointing to the governor’s brief statement at a news conference on Thursday.“A number of other states have tried things like this,” Mr. Gianforte said. “I think it’s kind of an interesting idea, but we won’t take a firm position until we actually see the final legislation.”Some Republican lawmakers who were supportive of the idea of a top-two election system balked when they saw that the proposal had been amended to apply only to the 2024 Senate election.“If we’re going to do a top-two primary, I’m all for it. I think it’s wonderful,” said Jason Small, a Republican state senator who voted against the bill. “The optics of the situation, I felt, were bad if we’re going to just single out one particular race and try it there. I want to do it across the board.”Some Republicans in the statehouse noted that the bill might not have much of an impact on the outcome. They cited a recent study by the election website FiveThirtyEight that found that Mr. Tester was likely to have prevailed in all of his elections even if the Libertarian candidate hadn’t run.The Tester campaign accused Montana Republicans of attempting a power grab.Republicans are “trying to change local election laws to look more like California’s in an attempt to gain political power for themselves,” said Shelbi Dantic, a spokeswoman for Mr. Tester’s re-election campaign.So far, no front-runner has emerged to challenge Mr. Tester in November. Republicans in Helena expect Representative Matt Rosendale, a conservative who voted to overturn the 2020 presidential election, to explore a run. Tim Sheehy, a wealthy businessman and military veteran, is being recruited by some Republicans in Washington to run, as first reported by Axios, though he has not made any formal announcement.As news about the bill spread around the state, Republican lawmakers said they were receiving calls and texts from constituents claiming an unease with the bill. Senator Jeff Welborn, a Republican state senator, noted that the complaints weren’t coming from just Democrats.Mr. Welborn said that he had received multiple text messages, including one from a constituent who said the bill amounted to election interference. “This guy also has Republican candidate signs in his yard,” Mr. Welborn said. “He saw this as a really, really bad look on Montana as a state for trying this one on.”Former Republican leaders in the state have also been vocal in their opposition.“It’s a horrible commentary about how you value the votes of your fellow citizens,” said Marc Racicot, a former Republican governor and former chair of the R.N.C. “They didn’t sign up as guinea pigs.”Republicans in favor of the bill said that they believed it would cut down on the interference by major parties with third-party candidates. In the past, Democrats have attempted to promote Libertarian candidates to try and divert votes from Republicans, and Republicans have fought to get Green Party candidates on the ballot to try and draw support away from Democrats.“I think at least with the top-two primary you eliminate some of that nonsense,” Mr. Fitzpatrick said, adding, “It’s dirty politics at its worst.” More