Judge rejects transgender lawmaker’s return to Montana legislature
Zooey Zephyr has vowed to "continue standing for my constituents & community to fight for our democratic institutions."
Transgender Democratic lawmaker Zooey Zephyr’s bid to return to Montana’s House of Representatives has been rejected.
Her bid to return on Tuesday (2 May) came after State Republicans barred her after a debate on medical care for trans youth.
On 18 April, Zephyr expressed opposition to a gender-affirming care ban for transgender youth in the state, the BBC reports.
“I hope the next time there’s an invocation, when you bow your heads in prayer, you see the blood on your hands,” Rep Zephyr said, referencing the high suicide rates of transgender youth.
Now, District court judge Mike Menahan said it’s outside his authority to overrule lawmakers who excluded her.
“Plaintiffs’ requested relief would require this Court to interfere with legislative authority in a manner that exceeds this Court’s authority,” Menahan wrote in his ruling, The Associated Press reported.
On Wednesday (3 May), Zephyr also tweeted her disappointment in the ruling.
“The court’s decision not to reinstate me undermines the democratic principles our country was founded on.”
“I vow to continue standing for my constituents & community to fight for our democratic institutions,” she continued. “If we can’t get justice in the courts, we will get it in the ballot box.”
“If we can’t get justice in the courts, we will get it in the ballot box.”
Zephyr told The Associated Press that 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, noted an appeal was under consideration. However, with the legislative session ending, a ruling would be of little immediate consequence.
Republican Attorney General Austin Knudsen told the outlet the lawsuit was an attempt to interfere with Montana’s lawmaking process.
“Today’s decision is a win for the rule of law and the separation of powers enshrined in our Constitution,” he said.
In the wake of the decision, Zephyr tweeted that both she and her girlfriend were subjected to an attempted swatting.
The US has been overwhelmed with anti-LGBTQ+ bills in past months, the trans community has been tareted in particular.
Furthermore, The American Civil Liberties Union is currently tracking 471 anti-LGBTQ active bills in the US.