Montana Representative Zooey Zephyr, the state's first transgender representative, filed a lawsuit on Monday challenging the Republican-led state legislature's decision to ban her from the House floor.
The state legislature voted along party lines last Wednesday to bar Zephyr, a Democrat who represents Missoula, from the House floor over her remarks against SB 99, a bill that bans gender-affirming care for minors, they viewed as a breach of decorum.
While speaking against the legislation on the House floor, Zephyr argued that forcing a transgender child to go through puberty would be "tantamount to torture" and that she hopes the bill's supporters will "see the blood" on their hands.
The battle comes as Republican-led states across the country continue passing legislation targeting gender-affirming care and other rights of the transgender community. Montana Governor Greg Gianforte signed the bill into law last week, making it the 19th state to enact bans on gender-affirming care for minors.
According to the American Civil Liberties Union (ACLU), at least 469 bills targeting LGBTQ rights have been introduced in current legislative sessions.
Zephyr is now mounting a legal challenge to the ban, arguing it violates both her First Amendment rights, as well as the rights of her constituents, she said in a statement released by the ACLU on Monday.
"This effort by House leadership to silence me and my constituents is a disturbing and terrifying affront to democracy itself," she said. "House leadership explicitly and directly targeted me and my district because I dared to give voice to the values and needs of transgender people like myself."
Newsweek reached out to Zephyr and Montana House Speaker Matt Regier via email for comment.
In the complaint, Zephyr's attorneys argued that the ban "effectively removed" Zephyr from the legislative process and therefore deprived "her 11,000 constituents of the right to full representation in their government."
The lawsuit seeks for the House speaker to be prohibited "from refusing to recognize" Zephyr from future House proceedings.
As a result of this ban, Zephyr is not permitted to debate or speak on legislation for the remainder of the legislative session, which is set to adjourn on May 11. She will still be able to vote remotely on legislation but said in the complaint that the ban prevents her from engaging in debate on the state budget—which she described as among the most "consequential" legislation.
In a statement to Newsweek, Emily Flower, the press secretary for Montana Attorney General Austin Knudsen, criticized Zephyr's lawsuit.
"This is performance litigation – political activism masquerading as a lawsuit. The ACLU is trying to use the courts to interfere with the legislature as it carries out its constitutional duties on behalf of Montanans. Any relief granted by the court would be a gross violation of the separation of powers," Flower wrote.
The ban sparked condemnation from many critics, who have accused Republicans of unjustly trying to silence Zephyr. One petition started by a Christian organization Faithful America that accused Republicans of engaging in a "fascist tactic" received thousands of signatures.
Zephyr has also announced her plans to seek reelection to the Montana state legislature.
"Throughout my first term, I have worked tirelessly to defend our health care, our housing, our human rights, and democracy itself," Zephyr tweeted on Friday. "And I'm ready to get back to the Montana State House of Representatives in 2025."
Update 01/05/23, 2:29 p.m. ET: This article was updated with a statement from Emily Flower, the press secretary for Montana Attorney General Austin Knudsen.
Update 01/05/23, 1:15 p.m. ET: This article was updated with additional information.
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Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more
