- A district court judge rejected transgender lawmaker Zooey Zephyr's request to return to the House floor
- Republicans censured the Montana lawmaker over divisive remarks
- District Court Judge Mike Menahan made the ruling
A Montana judge rejected transgender lawmaker Zooey Zephyr's request to return to the House floor after Republican lawmakers censured her over divisive remarks.
The issue started after Zephyr told Republican lawmakers that they would have blood on their hands if they continued to oppose gender surgery for kids. District Court Judge Mike Menahan decided to deny the transgender lawmaker's request.
Zooey Zephyr Loses Bid to Return to House Floor
The ruling came a few days after Montana lawmakers called on a judge to deny Zephyr's request to return to the House floor. Menahan argued that he had no authority to overrule the legislature and let Zephyr return to the House floor.
The judge's five-page ruling argued that the decision "would require this court to interfere with legislative authority in a manner that exceeds this court's authority." On the other hand, Zephyr said that the decision marked a sad day for the United States as the majority party can silence representation from the minority party in the blink of an eye, as per Fox News.
The Democratic Montana lawmaker made headlines nationwide after criticizing state colleagues who supported a bill to ban medical care for transitioning minors. In debating SB99, Zephyr said that those who supported it would see the blood on their hands when there was an invocation when they bowed their heads in prayer.
Republicans later led the chamber in a vote last week with a 68-32 result that supported a ban on the transgender lawmaker from accessing the House floor. This meant that Zephyr could not enter the anteroom or gallery but could still vote remotely.
Montana lawyers said that court intervention on Zephyr's behalf would violate the separation of powers. State Attorney General Austin Knudsen noted that the decision that day was a win for the rule of law and the separation of powers enshrined in the Constitution.
Opposing Conservative Policies
In response to the censure of Zephyr, the American Civil Liberties Union (ACLU) of Montana said that Speaker of the House Matt Regier and Sergeant at Arms Bradley Murfitt's decision to ban the transgender lawmaker from the House floor had "unfairly, unjustly, and unconstitutionally" silenced the Zephyr's constituents, according to Reuters.
A spokesperson said that the ACLU initially considered its options, which included an appeal of the decision. However, it later acknowledged the difficulty of such efforts as the legislative session is set to end on Tuesday or Wednesday.
In an interview, Zephyr said she continues to stand by her remarks and will fight to return to the House floor. She added that she believes the legislature is "grossly out of step" with what people in Montana and across the United States want.
The situation is only the second instance in recent times that a Republican-led legislative body moved to punish Democratic lawmakers who made opposing remarks to policies that conservative lawmakers support, said BBC.
