Montana ACLU Sues State Legislature Over Censure of Transgender Lawmaker

Montana Democrat transgender legislator Zooey Zephyr speaks on the floor of the state House in Helena, Mont., on April 26, 2023. (Montana House Legislature via Reuters/Screenshot via NTD)

Montana Democrat transgender legislator Zooey Zephyr confirmed on May 1 that Zephyr is working with the American Civil Liberties Union (ACLU) to sue the Montana Legislature after it censured the state lawmaker last week.

Taking to Twitter, Zephyr, a biological male who identifies as a bisexual trans woman, said the recent actions by Montana lawmakers violate Zephyr’s First Amendment rights and the rights of the 11,000 constituents Zephyr represents.

“Montana’s State House is the people’s House, not Speaker Regier’s, and I’m determined to defend the right of the people to have their voices heard,” Zephyr wrote, referring to Republican House Speaker Matt Regier.

The ACLU of Montana also confirmed in a separate statement that it had filed a lawsuit in state court challenging House leadership’s decision to censure Zephyr.

“Representative Zephyr was elected by the people of her district after running on the very principles she is now being punished for defending,” said Alex Rate, legal director of the ACLU of Montana.

“In his craven pursuit to deny transgender youth and their families the health care they need, Speaker Regier has unfairly, unjustly, and unconstitutionally silenced those voters by silencing their representative,” Rate continued. “His actions are a direct threat to the bedrock principles that uphold our entire democracy, and we welcome the privilege of defending the people of Montana’s 100th House District from this desperate and autocratic effort to silence them.”

The Montana House of Representatives voted 68–32 on April 26 to bar Zephyr from voting on the House floor after Zephyr broke decorum during a debate over a bill banning transgender medical procedures for minors.

During the debate, Zephyr told fellow lawmakers they would have “blood on your hands” if they supported a ban on so-called “gender-affirming care,” which many lawmakers fear could lead to long-term negative health implications for minors.

The lawsuit (pdf) lists the state of Montana, Rep. Matt Regier, and Bradley Murfitt, sergeant-at-arms of the Montana House, as defendants.

Plaintiffs include Zephyr and four residents of Montana House District 100.

Debate Over ‘Gender-Affirming Care’

Some House Republicans criticized Zephyr’s language during the debate as “hateful rhetoric“ and ”uncalled-for” and demanded Zephyr be censured for taking part in conduct that disrupted and disturbed the orderly proceedings of the Legislature’s activities.

Regier subsequently did not allow Zephyr to speak on a number of bills regarding transgender issues, including a bill that sought to define male and female in binary terms in the state code and another that sought to block minors from accessing pornography online.

However, that decision prompted a protest in the gallery on May 1 among some constituents who demanded that Zephyr be allowed to speak. Some of the demonstrators were arrested by police, according to local reports.

Zephyr was later barred from the House floor and gallery for the rest of the legislative session, which ends May 5, with lawmakers including House Majority Leader Sue Vinton—a Republican who brought the motion to bar Zephyr—stating that the Democrat’s actions had placed legislators and staff at risk of harm.

Zephyr will still be able to vote on bills remotely.

Lawsuit Details

“This is an action for emergency declaratory and injunctive relief against Defendants arising out of their unconstitutional Censure and retaliatory silencing of Representative Zooey Zephyr, a member of the Montana House of Representatives who engaged in Constitutionally protected speech,” the lawsuit states.

Lawyers for Zephyr say the Democrat being barred from physically entering the Montana State Capitol means Zephyr cannot engage in speech and debate on important matters of public concern.

“By depriving Representative Zephyr of her right to freely engage with the legislative process, Defendants have also deprived her 11,000 constituents of the right to full representation in their government,” the lawsuit states. “Defendants’ lawless silencing and Censure of Representative Zooey Zephyr extinguishes a vital part of the job her constituents elected her to do.”

While Regier has not publicly commented on the lawsuit, his office released a statement late last month noting that “all representatives in the Montana House are free to participate in House debates while following the House rules. The choice to not follow the House rules is one that Representative Zephyr has made. The only person silencing Rep. Zephyr is Rep. Zephyr.”

“The Montana House will not be bullied. All 11 representatives will be treated the same,” the statement continued.

The Epoch Times has contacted Regier’s and Murfitt’s offices for comment.

A spokesperson for Montana Attorney General Austin Knudsen told The Epoch Times in an emailed statement that the case filed by Zephyr is “political activism masquerading as a lawsuit.”

“The ACLU is trying to use the courts to interfere with the legislature as it carries out its constitutional duties on behalf of Montanans,” Emily Flower, Knudsen’s press secretary, said. “Any relief granted by the court would be a gross violation of the separation of powers.”