Judge rejects Zooey Zephyr bid to return to Montana House

Rep. Zooey Zephyr, D-Missoula, speaks during a meeting of the House Judiciary Committee in the Montana State Capitol in Helena, Mont. on Monday, May 1, 2023. Rep. Zephyr asked a court Monday to allow for her return to the House floor after she was silenced and barred for chiding her Republican colleagues over legislation to restrict gender-affirming health care and for encouraging protesters.

Thom Bridge / Thom Bridge

Rep. Zooey Zephyr, the transgender state lawmaker silenced after telling Republicans they would have blood on their hands for opposing gender-affirming health care for kids, was barred from returning to the Montana House floor in a Tuesday court ruling that came just hours before the Legislature wrapped up its biennial session.

District Court Judge Mike Menahan said it was outside his authority to overrule lawmakers who voted last week to exclude Zephyr from the House floor and debates. He cited the importance of preserving the Constitution’s separation of powers between the legislative, executive and judicial branches.

“Plaintiffs’ requested relief would require this Court to interfere with legislative authority in a manner that exceeds this Court’s authority,” Menahan wrote in his ruling.