District judge upholds Montana Republicans’ banning of Zooey Zephyr from House floor

03 May 2023

Montana State Rep. Zooey Zephyr, a transgender Democrat, has been applauded by many liberals and progressives for declaring, in late April, that GOP lawmakers will have "blood on their hands" if they oppose gender-affirming care for minors. But Republicans, who dominate the Montana State Legislature, voted to ban Zephyr from the House floor.

Zephyr opted to fight that decision in court. But District Court Judge Mike Menahan, Time reports, has ruled that he lacks the authority to overturn a Montana House decision.

The judge wrote, "Plaintiffs’ requested relief would require this Court to interfere with legislative authority in a manner that exceeds this Court's authority."

Menahan stressed that it is important for Montana's state government to maintain the separation of its executive, legislative and judicial branches, and interfering with a Montana House vote would undermine that.

Zephyr was disappointed by Menahan's decision, telling the Associated Press, "It's a really sad day for the country when the majority party can silence representation from the minority party whenever they take issue."

But Montana Attorney General Austin Knudsen, a Republican, applauded Menahan's ruling as "a win for the rule of law and the separation of powers enshrined in our Constitution."

Time's full report continues at this link.

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