Montana Court Dismisses Transgender Legislator Zooey Zephyr’s Lawsuit

A district court judge in Montana has dismissed a lawsuit brought by state Rep. Zooey Zephyr, challenging the disciplinary actions she faced in the state legislature during the last legislative session.

Judge Mike Menahan ruled that the lawsuit was moot following the end of the legislative session, according to Montana NBC affiliate KTVH.

Zephyr, a Missoula Democrat, and a transgender woman, was barred from speaking on the House floor for a period following her comments directed at Republican lawmakers, which led to her lawsuit. She had criticized them over a proposed ban on gender-affirming medical procedures for transgender youth, suggesting they would bear responsibility for potential adverse outcomes.

Related: Transgender Montana Legislator Zooey Zephyr Unsilenced and Unyielding at Equality Convention

The decision to silence Zephyr on the House floor was defended by Montana’s state House Speaker Matt Regier, a Republican, who cited a need to uphold decorum. The situation intensified when supporters of Zephyr protested in the House gallery, temporarily suspending the legislative session.

In a move backed unanimously by Republican members and opposed by Democrats, the House leadership extended the sanction against Zephyr, barring her from the House floor, anteroom, and gallery for the remainder of the session.

Related: Transgender Montana Rep. Zooey Zephyr Sues Republicans Over Her Censure

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Zephyr and four of her constituents sued the state, Regier, and the House sergeant-at-arms. They claimed the measures infringed on her rights to free speech and equal protection. However, Menahan, in his dismissal, noted the importance of the constitutional issues raised but emphasized the unpredictable nature of such occurrences in future legislative sessions, according to KTVH. He pointed out that the legislature’s power to discipline its members is constitutionally established, rendering a court ruling unnecessary for guiding future legislative actions.

Zephyr's resilience in the face of opposition has only fueled her determination to make a positive impact. In a recent interview with The Advocate, said, "If the legislature had a different path, I would be doing what I'm trying to do now, which is find rooms that I can be good in, do good in them."