A Tuesday court ruling in Montana will prohibit Rep. Zooey Zephyr, a transgender lawmaker, from returning to the state House floor after she was censured by Republicans after telling them they would have blood on their hands for opposing gender surgery for kids.
The ruling by District Court Judge Mike Menahan came after lawyers for the state of Montana asked a judge to reject Zephyr's request to return. Menahan said he didn't have the authority to overrule the Legislature and return Zephyr to the House floor.
His five-page ruling said the move "would require this court to interfere with legislative authority in a manner that exceeds this court’s authority."
SILENCED TRANSGENDER MONTANA LAWMAKER ZOOEY ZEPHYR VOWS TO KEEP FIGHTING FOR CONSTITUENTS
State Rep. Zooey Zephyr, D-Missoula, alone on the house floor stands in protest as demonstrators are arrested in the house gallery on April 24, 2023, in the Montana State Capitol in Helena. On Tuesday, a judge rejected Zephyr's effort to return to the House floor after being banished for criticizing her Republicans colleagues. (Thom Bridge/Independent Record via AP)
"It’s a really sad day for the country when the majority party can silence representation from the minority party whenever they take issue," Zephyr told the Associated Press.
Zephyr, a Democratic lawmaker, identifying as a transgender woman, made headlines after criticizing state colleagues who supported a bill banning medical care for transitioning minors, saying they would have blood on their hands.
"The only thing I will say is if you vote yes on this bill and yes on these amendments, I hope the next time there’s an invocation when you bow your heads in prayer, you see the blood on your hands," Zephyr said when debating SB99.
Critics demanded an apology. However, after refusing to do so, Republicans led the chamber in a 68-32 vote last week to bar Zephyr from accessing the House floor. Zephyr cannot enter the anteroom or gallery but can vote remotely.
Lawyers for the state said court intervention on Zephyr's behalf would violate the separation of powers.
Law enforcement forcibly clear the Montana House of Representatives gallery during a protest after the Speaker of the House refused again to acknowledge Rep. Zooey Zephyr, D-Missoula, on Monday, April 24, 2023, in the State Capitol in Helena, Mont. Republican legislative leaders in Montana persisted in forbidding the Democratic transgender lawmaker from participating in debate for a second week as her supporters brought the House session to a halt Monday, chanting "Let her speak!" from the gallery before they were escorted out. (Thom Bridge/Independent Record via AP)
"Today’s decision is a win for the rule of law and the separation of powers enshrined in our Constitution," Montana Attorney General Austin Knudsen said.
Zephyr's attorney, Alex Rate, said an appeal was being considered.
Fox News Digitals' Lawrence Richard as well as The Associated Press contributed reporting.