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By Kaitlin Lewis
Night Reporter
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Montana State Representative Zooey Zephyr vowed to continue to fight after a judge dismissed her lawsuit challenging the state legislature's motion last week to bar her from the House floor.
Zephyr, the first transgender legislator in Montana, was barred from speaking or debating on the House floor last Wednesday after her Republican colleagues said she broke decorum while debating a bill that bans gender-affirming care for minors. The punishment was ordered through the end of the 2023 legislative session, which could arrive shortly.
While speaking against the measure, Zephyr said that she hoped the bill's supporters would "see the blood" on their hands if it became law. Montana Governor Greg Gianforte signed the bill into law last week.
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Zephyr filed a lawsuit on Monday that challenged the House's decision, arguing that it violates her First Amendment rights, as well as those of her nearly 11,000 constituents. District Court Judge Mike Menahan, however, denied Zephyr's request to be reinstated to the House floor, writing in his ruling on Tuesday that it was outside his authority to overrule the state legislature.
"Plaintiffs' requested relief would require this Court to interfere with legislative authority in a manner that exceeds this Court's authority," read Menahan's decision.
In a statement released just a few hours after Menahan's ruling, Zephyr said that the decision to deny her lawsuit was "dangerous" and "undermines the very principles that our country was founded on."
"What this ruling implies is that the legislature isn't beholden to the Constitution—that there is no right to free speech in the face of a supermajority," read Zephyr's statement. "That two-thirds of a legislature could come together to silence any member, along with their constituents. But this cannot be true: legislatures do not lose their right to free speech when they are elected, and my constituents should never lose their right to representation in the People's house."
"When I was elected to the State House of Representatives, I vowed to work to ensure that my constituents' voices were heard. And I will exhaust every avenue to make sure the people who elected me receive their representation," Zephyr continued. "If I cannot do it in the chamber, I will take it to courts. And if my constituents are not granted their representation by the courts, I will take it to the ballot box."
In a statement to Newsweek, Montana Republican House Speaker Matt Regier agreed with Menahan that the court system could not "revise or overrule" a decision by the state legislature.
"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," Regier said. "The House is continuing its work for the people of Montana."
According to the Associated Press (AP), Zephyr's lawyer, Alex Rate, said that her legal team was considering appealing Menahan's decision. However, with the legislative session coming to an end in the coming days, a new ruling would not have immediate relief for Zephyr.
As AP reports, since Montana's legislature convenes every two years, Zephyr would have to be reelected in 2024 before she could return to the House floor. The Democrat announced her reelection bid last week.
Update 05/02/23, 10:12 p.m. ET: This story has been updated with comment from Regier.
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