Supporters hold signs near a rally in support of transgender lawmaker Zooey Zephyr on April 29, 2023 in Livingston, Montana.
'Dangerous and Undemocratic,' Says Zooey Zephyr as Judge Denies Bid to Return to Montana House
"There is an awakening happening in this country, where people are seeing how willing certain groups are to throw away democracy in pursuit of their ideological goals."
A Montana judge on Tuesday rejected Rep. Zooey Zephyr's legal bid to return to the state House, a decision that the transgender lawmaker decried as a "dangerous and undemocratic continuation" of Republicans' attempts to silence anyone who speaks out against their attacks on marginalized groups and efforts to roll back basic rights.
Zephyr, who Montana Republicans silenced and barred from the state House floor after she warned lawmakers would have blood on their hands if they backed a ban on gender-affirming care for minors, said the ruling upholding the GOP's move implies that "the Legislature isn't beholden to the Constitution—that there is no right to free speech in the face of a supermajority."
It also suggests that "two-thirds of a legislature could come together to silence any member, along with their constituents," said Zephyr, the first openly trans woman elected to the Montana Legislature.
"This cannot be true: Legislators do not lose their right to free speech when they are elected, and my constituents should never lose their right to representation in the people's house," Zephyr continued. "I will exhaust every avenue to make sure the people who elected me receive their representation. If I cannot do it in the chamber, I will take it to the courts. And if my constituents are not granted their representation by the courts, I will take it to the ballot box."
"There is an awakening happening in this country, where people are seeing how willing certain groups are to throw away democracy in pursuit of their ideological goals," she added. "And I will stand alongside my constituents, my community, and the world as we seek to ensure that our democratic institutions survive these attacks."
Earlier this week, the ACLU of Montana filed a lawsuit in state court arguing that the GOP's censure of Zephyr violated her First Amendment rights and "the rights of her 11,000 constituents to representation in their state government."
But Montana District Court Judge Mike Menahan, a former Democratic member of the Montana House, ruled Tuesday that overriding the Montana GOP "would require this court to interfere with legislative authority in a manner that exceeds this court's authority."
The Associated Press reported that Zephyr's attorneys are considering an appeal.
"But with the 2023 legislative session ending, a ruling in coming days would be of little immediate consequence," the outlet noted. "The punishment against Zephyr was through the end of the 2023 session. Since Montana's Legislature convenes every two years, Zephyr would have to be reelected in 2024 before she could return to the House floor in two years."
In an interview with TIME on Tuesday, Zephyr described her treatment at the hands of the Montana GOP as a manifestation of "broader growing extremism in the far-right," which "will toss democratic principles to the side to accomplish ideological goals."
Zephyr said she sees parallels between her censure and the recent expulsion of Tennessee state Reps. Justin Jones and Justin Pearson, who were temporarily removed from the state Legislature for showing solidarity with constituents protesting gun violence inside the House chamber.
Zephyr also pointed to the case of Oklahoma state Rep. Mauree Turner, a nonbinary Democratic lawmaker who was recently censured by their Republican colleagues.
Zephyr and Turner have both sounded the alarm over the GOP's escalating attacks on trans people. According to one watchdog organization, Republicans in 14 states have approved anti-trans legislation so far this year.
Last week, Montana's Republican governor signed into law a ban on gender-affirming care, ignoring a plea from his own son, who is nonbinary. The law, which resembles other measures advanced across the country, is set to take effect in October.
"I anticipate that there will be lawsuits before then," Zephyr said Tuesday. "My expectation is that this law, which we know is cruel and gets trans kids killed, is unconstitutional."
Urgent. It's never been this bad.
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission from the outset was simple. To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It’s never been this bad out there. And it’s never been this hard to keep us going. At the very moment Common Dreams is most needed and doing some of its best and most important work, the threats we face are intensifying. Right now, with just four days to go in our Spring Campaign, we are not even halfway to our goal. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Can you make a gift right now to make sure Common Dreams not only survives but thrives? There is no backup plan or rainy day fund. There is only you. —Craig Brown, Co-founder |
A Montana judge on Tuesday rejected Rep. Zooey Zephyr's legal bid to return to the state House, a decision that the transgender lawmaker decried as a "dangerous and undemocratic continuation" of Republicans' attempts to silence anyone who speaks out against their attacks on marginalized groups and efforts to roll back basic rights.
Zephyr, who Montana Republicans silenced and barred from the state House floor after she warned lawmakers would have blood on their hands if they backed a ban on gender-affirming care for minors, said the ruling upholding the GOP's move implies that "the Legislature isn't beholden to the Constitution—that there is no right to free speech in the face of a supermajority."
It also suggests that "two-thirds of a legislature could come together to silence any member, along with their constituents," said Zephyr, the first openly trans woman elected to the Montana Legislature.
"This cannot be true: Legislators do not lose their right to free speech when they are elected, and my constituents should never lose their right to representation in the people's house," Zephyr continued. "I will exhaust every avenue to make sure the people who elected me receive their representation. If I cannot do it in the chamber, I will take it to the courts. And if my constituents are not granted their representation by the courts, I will take it to the ballot box."
"There is an awakening happening in this country, where people are seeing how willing certain groups are to throw away democracy in pursuit of their ideological goals," she added. "And I will stand alongside my constituents, my community, and the world as we seek to ensure that our democratic institutions survive these attacks."
Earlier this week, the ACLU of Montana filed a lawsuit in state court arguing that the GOP's censure of Zephyr violated her First Amendment rights and "the rights of her 11,000 constituents to representation in their state government."
But Montana District Court Judge Mike Menahan, a former Democratic member of the Montana House, ruled Tuesday that overriding the Montana GOP "would require this court to interfere with legislative authority in a manner that exceeds this court's authority."
The Associated Press reported that Zephyr's attorneys are considering an appeal.
"But with the 2023 legislative session ending, a ruling in coming days would be of little immediate consequence," the outlet noted. "The punishment against Zephyr was through the end of the 2023 session. Since Montana's Legislature convenes every two years, Zephyr would have to be reelected in 2024 before she could return to the House floor in two years."
In an interview with TIME on Tuesday, Zephyr described her treatment at the hands of the Montana GOP as a manifestation of "broader growing extremism in the far-right," which "will toss democratic principles to the side to accomplish ideological goals."
Zephyr said she sees parallels between her censure and the recent expulsion of Tennessee state Reps. Justin Jones and Justin Pearson, who were temporarily removed from the state Legislature for showing solidarity with constituents protesting gun violence inside the House chamber.
Zephyr also pointed to the case of Oklahoma state Rep. Mauree Turner, a nonbinary Democratic lawmaker who was recently censured by their Republican colleagues.
Zephyr and Turner have both sounded the alarm over the GOP's escalating attacks on trans people. According to one watchdog organization, Republicans in 14 states have approved anti-trans legislation so far this year.
Last week, Montana's Republican governor signed into law a ban on gender-affirming care, ignoring a plea from his own son, who is nonbinary. The law, which resembles other measures advanced across the country, is set to take effect in October.
"I anticipate that there will be lawsuits before then," Zephyr said Tuesday. "My expectation is that this law, which we know is cruel and gets trans kids killed, is unconstitutional."
A Montana judge on Tuesday rejected Rep. Zooey Zephyr's legal bid to return to the state House, a decision that the transgender lawmaker decried as a "dangerous and undemocratic continuation" of Republicans' attempts to silence anyone who speaks out against their attacks on marginalized groups and efforts to roll back basic rights.
Zephyr, who Montana Republicans silenced and barred from the state House floor after she warned lawmakers would have blood on their hands if they backed a ban on gender-affirming care for minors, said the ruling upholding the GOP's move implies that "the Legislature isn't beholden to the Constitution—that there is no right to free speech in the face of a supermajority."
It also suggests that "two-thirds of a legislature could come together to silence any member, along with their constituents," said Zephyr, the first openly trans woman elected to the Montana Legislature.
"This cannot be true: Legislators do not lose their right to free speech when they are elected, and my constituents should never lose their right to representation in the people's house," Zephyr continued. "I will exhaust every avenue to make sure the people who elected me receive their representation. If I cannot do it in the chamber, I will take it to the courts. And if my constituents are not granted their representation by the courts, I will take it to the ballot box."
"There is an awakening happening in this country, where people are seeing how willing certain groups are to throw away democracy in pursuit of their ideological goals," she added. "And I will stand alongside my constituents, my community, and the world as we seek to ensure that our democratic institutions survive these attacks."
Earlier this week, the ACLU of Montana filed a lawsuit in state court arguing that the GOP's censure of Zephyr violated her First Amendment rights and "the rights of her 11,000 constituents to representation in their state government."
But Montana District Court Judge Mike Menahan, a former Democratic member of the Montana House, ruled Tuesday that overriding the Montana GOP "would require this court to interfere with legislative authority in a manner that exceeds this court's authority."
The Associated Press reported that Zephyr's attorneys are considering an appeal.
"But with the 2023 legislative session ending, a ruling in coming days would be of little immediate consequence," the outlet noted. "The punishment against Zephyr was through the end of the 2023 session. Since Montana's Legislature convenes every two years, Zephyr would have to be reelected in 2024 before she could return to the House floor in two years."
In an interview with TIME on Tuesday, Zephyr described her treatment at the hands of the Montana GOP as a manifestation of "broader growing extremism in the far-right," which "will toss democratic principles to the side to accomplish ideological goals."
Zephyr said she sees parallels between her censure and the recent expulsion of Tennessee state Reps. Justin Jones and Justin Pearson, who were temporarily removed from the state Legislature for showing solidarity with constituents protesting gun violence inside the House chamber.
Zephyr also pointed to the case of Oklahoma state Rep. Mauree Turner, a nonbinary Democratic lawmaker who was recently censured by their Republican colleagues.
Zephyr and Turner have both sounded the alarm over the GOP's escalating attacks on trans people. According to one watchdog organization, Republicans in 14 states have approved anti-trans legislation so far this year.
Last week, Montana's Republican governor signed into law a ban on gender-affirming care, ignoring a plea from his own son, who is nonbinary. The law, which resembles other measures advanced across the country, is set to take effect in October.
"I anticipate that there will be lawsuits before then," Zephyr said Tuesday. "My expectation is that this law, which we know is cruel and gets trans kids killed, is unconstitutional."