Judge rejects Zooey Zephyr’s bid to return to Montana House

A judge has rejected transgender Democratic lawmaker Zooey Zephyr’s attempt to return to the state’s House of Representatives.

State Republicans voted to bar her after she said they would “have blood on their hands” if they restricted medical care for transgender youth.

A lawsuit filed earlier this week sought Rep Zephyr’s return.

District court judge Mike Menahan has ruled that he does not have the authority to reinstate her.

The legal wrangling stems from an 18 April incident in which Rep Zephyr expressed her opposition to a proposed bill that would ban gender-affirming care for transgender youth in Montana.

“I hope the next time there’s an invocation, when you bow your heads in prayer, you see the blood on your hands,” Rep Zephyr said, in reference to the high rates of suicide risk among transgender youth and adults.

Tuesday’s ruling came after attorneys working on behalf of state Attorney General Austin Knudsen argued that reinstating her would infringe on the House of Representatives’ “exclusive constitutional authority” to enforce discipline among its members.

In a statement quoted by the Associated Press, Mr Knudsen said that the ruling “is a win for the rule of law and separation of power enshrined in our constitution”.

Rep Zephyr, for her part, said that the judge’s ruling is “entirely wrong”.

“It’s a really sad day for the country when the majority party can silence representation from the minority party whenever they take issue,” she told the Associated Press.

While Rep Zephyr’s attorneys have hinted at a possible appeal, the House of Representatives’ 2023 legislative session is soon coming to a close, meaning that any appeal would have little short-term impact.

At the time of her expulsion from the legislative body, Republican Majority Leader Sue Vinton said that Rep Zephyr’s actions put lawmakers and staff “at risk of harm”.

In an interview with BBC News after her expulsion, Rep Zephyr – who represents the Missoula area – said she stood by her remarks and would continue to fight for her return.

Rep Zephyr also said the protesters supporting her were “demanding that their voices are heard”.

“I think it is the legislature that is grossly out of step with what people in our state and country want,” she said.

The expulsion is the second recent instance of a Republican-controlled legislative body moving to punish Democratic lawmakers who spoke in opposition to policies conservatives support.

Earlier in April, Tennessee Republicans voted to expel two black Democrats who led protests on the legislature floor in favour of gun safety following a mass shooting in Nashville.