Montana state Rep. Zooey Zephyr, the first openly transgender lawmaker in the state, has filed a lawsuit against Republican House Speaker Matt Regier, Sergeant at Arms, and the state of Montana for being barred from the floor of the legislature following her vocal opposition to restrictions on gender-affirming care for minors. The American Civil Liberties Union (ACLU) is working with Zephyr on the suit and planning to challenge the controversial bill.
The lawsuit argues that banning Zephyr violated her constitutional rights as well as those of her 11,000 constituents. It also alleges that lawmakers discriminated against her based on political beliefs and denied her constitutional right to representation.
"I stand up not only for myself but also for my constituents who have been silenced by this censure," said Rep. Zooey Zephyr in a statement addressing the lawsuit.
The suit seeks to reverse April's censure passed by a vote of 68-32. Since then, Zephyr has been physically barred from entering Montana State Capitol grounds and cannot engage in speech or debate regarding matters of public concern.
Four constituents from Montana's 100th House District joined in filing this emergency attempt to reverse their representative’s censure after protesters filled Montana House gallery chanting slogans when Speaker Matt Regier refused to recognize Zephyr on the floor.
Zephyrs' impassioned speech condemning Republicans' push towards a bill restricting youth access to gender-affirming care sparked protestors’ support while simultaneously drawing criticism from GOP leaders resulting in eventual censuring.
On April 28th, despite pleas from Democrats within legislature along with advocates including his non-binary child who personally lobbied him against it; Governor Greg Gianforte signed legislation going into effect October 1st that bans gender-affirming healthcare treatments for minors throughout Montana State territory - an act directly criticized by Rep. Zooey Zephyr.
The ACLU released a statement saying that the ban violates Zephyr's First Amendment rights and those of her constituents, urging for justice and fair representation in Montana's House proceedings.
"Rep. Zephyr has been unfairly targeted for standing up against discrimination," said Caitlin Borgmann, Executive Director of the ACLU of Montana. "Her censure sets a dangerous precedent and denies Montanans their right to be represented by an elected official who speaks up for them."
The lawsuit seeks to prohibit Speaker Matt Regier from refusing to recognize Rep. Zooey Zephyr in future House proceedings, thus ensuring her voice is heard on behalf of thousands whose rights have been jeopardized by this controversial decision.