Posted on 05/01/2023 11:42:49 AM PDT by Morgana
State Rep. Zooey Zephyr (D-Missoula) filed a lawsuit in response to the GOP-led Montana House of Representatives censuring the transgender lawmaker last week.
The complaint, in which lawyers ask a court to reinstate Zephyr on the chamber floor, lists the state of Montana, Montana House Speaker Matt Regier, and Montana House Sergeant-at-Arms Bradley Murfitt as defendants.
“This is an action for emergency declaratory and injunctive relief against Defendants arising out of their unconstitutional Censure and retaliatory silencing of Representative Zooey Zephyr, a member of the Montana House of Representatives who engaged in Constitutionally protected speech,” the lawsuit states.
The legislature voted to bar Zephyr, a biological man who identifies as a woman, from attending or speaking at floor sessions after the lawmaker held up a microphone as supporters disrupted the proceedings in the Montana House chamber while chanting, “Let her speak!” The commotion led to several arrests.
That standoff took place as Republican leadership refused to recognize Zephyr to speak, citing violations of decorum rules after Zephyr lashed out at other lawmakers who support legislation that would crack down on transgender surgeries for minors.
“I hope the next time there’s an invocation when you bow your heads in prayer, you see the blood on your hands,” Zephyr had said, referring to the opening prayer.
The censure punishes Zephyr for the remainder of the current legislative session, which is set to end this week, but still allowed Zephyr to vote remotely.
Prior to the vote last week, Zephyr tweeted that expulsion was also a possible punishment.
The Tennessee House voted in April to expel a pair of Democrats for joining with protesters who stormed the state Capitol and demanded more gun restrictions following the mass shooting at the Covenant School in Nashville. They have both since been reinstated.
“I’m suing,” Zephyr said in a tweet on Monday. “The recent actions violate my 1st amendment rights, as well as the rights of my 11,000 constituents to representation. Montana’s State House is the people’s House, not Speaker Regier’s, and I’m determined to defend the right of the people to have their voices heard.”
“I’m suing” if course it is...
NO SUCH THING. XX or XY. Follow the science as we’ve been told to do.
If anyone beats up this Zephyr fellow they’re going to break wind
You first, you evil miscreant. I'm sure you don't recognize the blood on your own hands for supporting such a fundamentally evil practice. . . .
I believe it’s time we start suing governments for their Unconstitutional gun laws....
This freak is in the Montana house district which contains the University of Montana Missoula - a deep blue enclave in a deep red state.
Two words: “legislative immunity.”
Sorry, bro.
Counter sue this guy for costs.
From California?
And where exactly does the Judicial branch get the authority to dictate the internal operating and disciplinary procedures of the legislature?
The court should refuse to take such a case.
If the legislature wants to cut the funding of the Judicial branch, or make some other changes, does the court have the authority to override them?
I don’t know that I’d put the label “legislative immunity” on this. This is a separation of powers issue, and legislative bodies have plenary authority over their own rules. I think “non-reviewable” is a better label
Courts cannot overrule legislative rules. It is a part of the Separation of Powers doctrine. If not, unelected judges could order around elected legislatures. There would be no need for legislatures. Tyrant judges would have iron-fisted control.
These mentally ill transgender people are an absolute pain in.....
Hes a HE that dresses as a WOMAN.. ...hes a MENTAL CASE!!
Any judge should immediately throw the suit out as a violation of the separation of powers. The legislature makes and enforces its own rules and neither the executive nor the judicial have any sayin the matter.
Zooey doesn’t have standing to challenge the rules of the legislature. It isn’t justiciable.
This power goes back to our colonial times and is in the federal Constitution. I won’t even bother looking online for it in the Montana Constitution.
Separation of powers - legislature sets its own rules.
Looks a lot better and a lot happier in that photo.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.