Silenced Trans Rep. Zooey Zephyr Sues Republican Lawmakers

Updated May 2, 2023

• Montana transgender Rep. Zooey Zephyr filed a lawsuit against the Republican lawmakers who silenced her for defending trans rights.
• Zephyr announced that the American Civil Liberties Union of Montana and the law partners of Beck, Amsden, and Staples, and Mike Black filed suit in state court.
• Zephyr said of the Republican move to censure her:

"The effort by House leadership to silence me and my constituents is a disturbing and terrifying affront to democracy itself."

• She continued:

"House leadership explicitly and directly targeted me and my district because I dared to give voice to the values and needs of transgender people like myself."

• Emily Flower, a spokesperson for Montana Attorney General Austin Knudsen, said:

"This is performance litigation – 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. Any relief granted by the court would be a gross violation of the separation of powers."

• Alex Rate, one of Zephyr's attorneys, said:

"Every minute matters. Without Zephyr having her full rights and privileges restored, her 11,000 constituents are voiceless." 

Updated April 27, 2023

• On Wednesday, Montana's House Republicans voted to formally punish Rep. Zooey Zephyr, banning her from attending or speaking during floor sessions and forcing her to vote remotely moving forward. 
• House leadership emphasized that this is a minor punishment compared to expulsion, which was also on the table. The formal blocking comes after Rep. Zephyr told her colleagues they would see "blood on their hands" for banning gender-affirming care. 
• During the debate Wednesday, Zephyr said: 

"I have fielded calls from families in Montana, including one family whose trans teenager attempted to take her life while watching a hearing on one of the anti-trans bills. So, when I rose up and said, 'There is blood on your hands,' I was not being hyperbolic...If you use decorum to silence people who hold you accountable, all you are doing is using decorum as a tool of oppression."

What's the story?

• Montana's first transgender lawmaker Rep. Zooey Zephyr, a Democrat from Missoula, has been forbidden to speak or participate in House proceedings by Republican lawmakers for the second week.
• Republican House Speaker Rep. Matt Reiger has refused to acknowledge Zephyr or let her talk since last Tuesday when she warned that Republican lawmakers would have "blood on their hands" if they banned gender-affirming care.
• This is the latest in an ongoing struggle between Zephyr and Republican lawmakers who are silencing her over her support for gender-affirming care for minors and for criticizing anti-trans legislation. 
• On April 25, Rep. Zephyr shared on Twitter a letter she received informing her that during Wednesday's floor session, there would be a motion to either censure or expel her. After this, Rep. Reiger canceled the House's floor session. 

I have been informed that during tomorrow’s floor session there will be a motion to either censure or expel me.

I've also been told I'll get a chance to speak. I will do as I have always done—rise on behalf of my constituents, in defense of my community, & for democracy itself. pic.twitter.com/8gD3UWPBkS

— Rep. Zooey Zephyr (@ZoAndBehold) April 26, 2023

What were her supporters doing?

• Rep. Zephyr's supporters filled the gallery and brought House sessions to a temporary halt on Monday, chanting "Let her speak!" before being removed by law enforcement. Zephyr held her microphone in the air while her supporters chanted, but opponents quickly switched off her sound and video feed.
• Her supporters protested the Republican's decision to forbid her from speaking about a proposal limiting children's ability to choose their name and pronouns and requiring parental consent, potentially putting the transgender child in a dangerous position. Seven of Zephyr's supporters were arrested for criminal trespassing.
• Zephyr left the floor and followed her allies to the county jail to show "support for those who were arrested defending democracy."

What are Republican lawmakers saying?

• Some Republican lawmakers described the short protest as an "insurrection" as Zephyr refused pleas to calm her supporters down.
• House Speaker Rep. Matt Regier, Rep. Rhonda Knudsen (R), and Majority Leader Sue Vinton (R) said in a statement:

"Today's riot by far-left agitators damages our discourse and endangered legislators and staff. Their actions did not represent Montana values." 

• The Montana Freedom Caucus, who called for immediate disciplinary action against Zephyr, said:

"Zephyr encouraged these actions by standing in the middle of the floor encouraging an insurrection after all members were told to move to the sides." 

• Republican lawmakers are demanding an apology and vowed to continue to silence Zephyr if she cannot uphold their standards of decorum.
• The Montana Freedom Caucus said:

"This kind of hateful rhetoric from an elected official is exactly why tragedies such as the Covenant Christian School shooting in Nashville occurred."

• The Freedom Caucus continued to misgender Zephyr in a tweet:

"Our Caucus is calling for the immediate censure of transgender Rep. Zooey Zephyr after his threatening and deeply concerning comments on the House floor earlier today."

What did Zephyr say?

• Zephyr defended her actions and her plans to be a voice for marginalized groups:

"When those communities who see the repercussions of those bills have the audacity to stand up and say, 'This legislation gets us killed,' those in power aren't content with just passing those hateful, harmful bills. What they are demanding is silence. We will not be complicit in our eradication."

• Zephyr vowed to continue her fight:

"I stand by my accurate description of the devastating consequences of banning essential medical care for transgender youth. As long as I am a member of the Montana Legislature, I will never stop fighting for trans people in our state...I want to be clear: no amount of silencing tactics will deter me from standing up for the rights of the transgender community." 

Do you agree with Zephyr's stance? Do you support legally expanding trans rights?

—Emma Kansiz & Jamie Epstein