A Montana judge refused to block the House censure of Democratic state Rep. Zooey Zephyr for breach of decorum, meaning the lawmaker will likely finish the legislative session without being permitted to enter the statehouse floor.
Montana District Court Judge Mike Menahan rejected Tuesday a petition filed by the American Civil Liberties Union on behalf of the legislator and four constituents, citing the constitutional separation of powers between the legislative and judicial branches.
“Article V, Section 10 of the Montana Constitution explicitly grants each house of the Montana legislature the authority to ‘expel or punish a member for good cause,’” said Judge Menahan in the four-page ruling. “Because the constitution explicitly reserves this power for the Legislature, the Court’s powers are conversely limited.”
Montana Attorney General Austin Knudsen cheered the judge’s decision in the lawsuit, which his spokesperson had dismissed as “performance litigation.”
“This lawsuit was nothing more than an attempt by outside groups to interfere with Montana’s lawmaking process,” said Mr. Knudsen. “Today’s decision is a win for the rule of law and the separation of powers enshrined in our Constitution.”
The lawsuit filed Monday accused House Speaker Matt Regier of engaging in “retaliation against protected free speech” and targeting Ms. Zephyr based on gender identity.
The House voted last week to censure Ms. Zephyr, the state’s first transgender legislator, after she raised a microphone in the air in support of a raucous protest crowd that filled the House gallery chanting “Let her speak!”
Seven protesters were arrested and charged with criminal trespass in the April 24 melee.
Mr. Regier had previously refused to call on the first-term legislator for three days after she said that lawmakers had “blood on your hands” for supporting legislation to prohibit minor children from being prescribed gender-transition drugs and surgeries. Senate Bill 99 was signed into law Friday.
Mr. Regier said that the “Montana courts have recognized that the Judicial Branch has no power to revise or overrule the power expressly held by the Montana State Legislature to conduct its business.”
“The House is continuing its work for the people of Montana,” Mr. Regier added.
The Democrat was allowed to vote remotely but banned from the House floor, House anteroom and gallery until the end of the legislative session this week.
Some lovely friends saved me a spot on the bench outside the House antechamber, so seat 31 is back to its original home-away-from-home.
— Rep. Zooey Zephyr (@ZoAndBehold) May 2, 2023
Also thank you to the folks who brought me the earrings and corsage. I am carrying your kindness with me today. pic.twitter.com/aIeaI4lYwk
Since the censure, Ms. Zephyr has been “working from a bench in a hallway and, when that’s been occupied, at a statehouse snack bar” at the state capital in Helena, the Associated Press reported.
“Representative Zephyr was elected by the people of her district after running on the very principles she is now being punished for defending,” said Alex Rate, legal director of the ACLU of Montana, in a statement that accompanied the Monday filing.
The lawsuit sought to remove the censure and reinstate Ms. Zephyr’s floor privileges. The ACLU has indicated that it will challenge Senate Bill 99 in court.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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