Montana judge rejects Zooey Zephyr’s bid to overturn being barred from House floor

District Court Judge Mike Menahan cited the importance of maintaining the separation of powers between the legislative, executive, and judicial branches of government, stating that the plaintiffs' "requested relief would require this Court to interfere with legislative authority in a manner that exceeds this Court’s authority," reports the Associated Press.

Zephyr has been barred from speaking on the floor of the Montana House since April 20, following comments made in opposition to SB 99, which prohibits doctors from performing experimental sex changes on minors. Zephyr accused Republican lawmakers of having blood on their hands for supporting the bill, which was signed by Governor Greg Gianforte on April 28.

Zephyr was then expelled from the floor after protesters stormed the House demanding that Zephyr be allowed to speak. Zephyr stood with microphone raised while the protesters chanted "let her speak!" Seven arrests were made.

Speaking to the Associated Press, Zephyr said 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," said Zephyr.

Lawyers working with Attorney General Austin Knudsen warned that intervening on behalf of Zephyr would amount to a violation of the separation of powers under the constitution. A court filing stressed that the Montana House of Representatives holds "exclusive constitutional authority" in disciplining its members.

"Today’s decision is a win for the rule of law and the separation of powers enshrined in our Constitution," Knudsen said in a statement, calling the lawsuit an attempt to interfere with Montana’s legislative process.

The "emergency lawsuit" was filed by attorneys with the ACLU Montana and alleged the censure was a violation of Zephyr’s First Amendment rights as well as those of Zephyr’s 11,000 constituents.

"Suicide amongst transgender youth is not imaginary," said Anna Wong, a resident of Montana House District 100 and a named party in the suit. "It is not a game and it is not a political foil. It is real. It is heartbreaking. And it is the responsibility of my representative to speak out against bills promoting it. I expected Representative Zephyr to oppose, and her comments leading to expulsion from the House floor, which I have listened to, seem incredibly measured and muted compared to the severity of the situation."

While suicide risk is elevated for young people who identify as transgender, there is no evidence to show that access to experimental sex changes is "life-saving care." Many of the young people seeking medical sex changes suffer from multiple co-existing mental health issues that also come with an elevated suicide risk. Therefore, it is too simplistic to say that preventing access to irreversible medical interventions will result in suicide. Moreover, studies show suicide risk remains elevated post-transition, further weakening the claim that so-called gender-affirming care is life-saving.

Many experts are speaking out against the transition-or-suicide narrative. Dr. Riitta Kaltiala, one of Finland’s leading experts in the field of gender medicine, recently called the suggestion that youth will commit suicide if not given access to medical sex changes "purposeful disinformation, the dissemination of which is irresponsible."

The lawsuit named House Speaker Matt Regier and Sergeant-at-Arms Brad Murfitt as defendants.

Regier released a statement saying the court had recognized "that the judicial branch has no power to revise or overrule the power expressly held by the Montana State Legislature."