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Republicans controlling Montana's House of Representatives on
April 26 barred Zephyr, a Democrat, from the House floor,
anteroom or gallery for the remainder of the legislative
session, which could end as soon as Tuesday night.
The censure was punishment for breaking decorum during debates
on transgender bills including one that would deny healthcare
treatment for transgender youth.
Zephyr told Republicans they would have "blood on your hands,"
prompting them to cut off her microphone, and days later she was
later denied floor privileges for encouraging a noisy but
peaceful demonstration that disrupted a House session.
The American Civil Liberties Union of Montana had argued that
Speaker of the House Matt Regier and Sergeant at Arms Bradley
Murfitt had "unfairly, unjustly, and unconstitutionally"
silenced Zephyr's constituents.
District Court Judge Mike Menahan found the court's authority
was limited due to the constitutional separation of powers
between the legislative and judicial branches.
"Even if the Court ultimately finds the House of
Representatives, Speaker Regier, and Sergeant at Arms Murfitt
acted unlawfully under the facts of this case, it does not have
the authority to issue a broad permanent injunction to
effectively remove all legislative authority ... in relation to
a single member," Menahan wrote in his order.
The ACLU of Montana was considering its options including appeal
but acknowledged a practical difficulty considering the
legislative session was expected to end Tuesday night or
Wednesday, a spokesperson said.
Montana's governor signed the bill denying gender-affirming care
to minors into law on Friday, two days after the House voted to
censure Zephyr.
(Reporting by Daniel Trotta; Editing by Richard Chang)
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