Montana Transgender Lawmaker Shot Down In Court Following Censure - It's 'A Win For The Rule Of Law'

Unsurprisingly, a judge ruled Tuesday against Montana legislator Zooey Zephyr’s (D) lawsuit that wished to return her to the House floor before the end of the legislative session. 

Zooey Zephyr, a transgender man who identifies as a woman, was previously censured from the legislative sessions after being disruptive during the debate of Senate Bill 199, which would ban transgender surgery and hormone blockers for minors, as previously reported by the DC Enquirer. 

Following the censure, Zephyr got with his lawyers and issued a formal complaint asking the courts to reinstate Zephyr to the chamber floor immediately, as opposed to the end of the legislative sessions on May 5th, as reported by the DC Enquirer. 

In the formal complaint, Zephyr argued that his rights and the rights of his constituents had been violated by the censure, specifically citing the upcoming budget bill that would be discussed on the floor. It’s important to note that Zephyr was not blocked from voting, but simply from discussion during his censure. 

Judge Mike Menahan, who previously served in the Montana House as a Democrat, put out a five-page order late Tuesday stating that he did not have the authority to intervene in the legislative dispute. 
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Considering the censure was voted on by the House, regardless of which party has control of it, it does not fall within the jurisdiction of the courts. This was reflected in Menahan's opinion. 

If Menahan were to overrule the legislative body’s decision to censure Zephyr, it would be far more unconstitutional than the original act of censuring the lawmaker. Zephyr’s attempts to plead to the courts for reinstatement can only be characterized as desperate and mindless. Regardless of the perceived reason behind the censure, the courts have no place within Montana’s legislative body.  

Zephyr claims that Menahan’s decision was “entirely wrong”, according to the New York Post. Zephyr's attorney, Alex Rate, said that they were considering an appeal.

Attorney General of Montana, Austin Knudsen (R), previously cautioned lawyers against any intervention from the courts, citing a violation of the separation of powers. Knudsen stated through a spokesperson, saying, “Today’s decision is a win for the rule of law and the separation of powers enshrined in our Constitution.”

The issue with Zephyr only goes to show that the Constitution is the ultimate rule of law in the land, and no matter how you try to go around it, it will always be waiting to prevent any breach of conduct to it.