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Montana state Reps. Zooey Zephyr, a Democrat, and Sherry Essman, a Republican, gave impassioned speeches against a drag ban that ultimately failed to pass the legislature.
The measure, opposed by transgender state Rep. Zooey Zephyr, failed with a vote of 44 to 55.
The Montana House of Representatives rejected one of several anti-LGBTQ+ bills on Thursday that would have allowed parents to sue drag performers for allegedly harming children, dealing a rare defeat to the wave of troubling legislation sweeping conservative states. The measure failed in a 44-55 vote, with several Republicans breaking ranks to join Democrats in opposition after an impassioned debate. The Montana House is controlled by 58 Republicans and 42 Democrats.
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House Bill 675 sought to define drag as inherently sexual and give parents the right to pursue legal action against performers and promoters for “psychological, emotional, economic, and physical harm.” Under the bill, performers could have faced fines of up to $5,000. Proponents framed the measure as a way to protect children, while opponents, including LGBTQ+ advocates and legal experts, argued it was another attempt to target and erase queer culture under the guise of morality laws.
Related: Montana Rep. Zooey Zephyr wins reelection, will return to House floor after sanction
Rep. Zooey Zephyr, a Democrat from Missoula and Montana’s first out transgender legislator, strongly opposed the bill, calling it an effort to silence and marginalize transgender people. She pushed back on the notion that drag performances are inherently inappropriate, pointing to drag story hours in Montana that are more akin to Disney princesses reading to children. She also pointed out that a similar law passed last session had first been used not against a drag show but to prevent a trans woman from giving a history lecture in a library.
During her speech, Zephyr rejected the claim made by the Republican House speaker that “transgenderism is a fetish based on cross-dressing.” She called the comment a dehumanizing attack and emphasized that the bill’s true purpose was to target the trans community. She also spoke about her personal experience as a parent, recalling that her son had recently sat in the House gallery and met many of her Republican colleagues. “When I go to walk him to school, that is not a lascivious display. That is not a fetish. That is my family,” she said.
Related: Montana House Speaker Silences Transgender Lawmaker Before Passing Anti-Trans Bill
Her speech was met with unexpected support from GOP Rep. Sherry Essman of Billings, who opposed the bill on the grounds that it undermined parental rights. Speaking as a parent and grandparent, Essman pushed back against the idea that lawmakers should dictate what parents allow their children to see. “Everybody in here talks about how important parental rights are,” she said. “In addition to parental rights, parental responsibility is also important. If you can’t trust a decent parent to decide where and when their kids should see what, then we have a bigger problem.”
She criticized the measure as a distraction from real legislative priorities like property tax relief, adding, “They’re a waste of time. They’re a waste of energy. We should be working on property tax relief and not doing this sort of business on the floor of this House.”
Related: Zooey Zephyr won't be barred from women's restroom in Montana capitol after GOP attempt
Zephyr’s speech and the vote marked another chapter in her high-profile tenure in the Montana House. Nearly two years ago, in April 2023, Republicans censured Zephyr and barred her from speaking on the House floor after she condemned a bill banning gender-affirming care for minors. She was forced to work from a hallway bench for the remainder of the legislative session in a move widely criticized as an attack on trans representation in government. Despite the attempt to silence her, she won reelection in 2024, returning to the House with full legislative privileges.
