Seven arrested in Montana after protesting silencing of trans lawmaker

April 25, 2023
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Protesters brought the Montana House to a halt April 24 after Republican leaders prevented state Rep. Zooey Zephyr (D) from speaking for a third day. (Video: Montana Public Affairs Network)

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Law enforcement officials arrested seven people accused of interrupting proceedings in the Montana Capitol on Monday to protest the silencing of state Rep. Zooey Zephyr (D), a transgender lawmaker who has not been allowed to speak on the House floor since Thursday. Wp Get the full experience. Choose your plan ArrowRight Chants of “Let her speak!” rang out inside the gallery as the Republican majority voted to block Zephyr from debating legislation. The moment marked an escalation in tensions that have been building since last week, when a group of GOP lawmakers demanded Zephyr’s censure following her impassioned plea to reject the governor’s amendments to a bill banning gender-affirming care for minors.

While Zephyr wasn’t formally censured, Republican House leaders have declined to recognize her on the floor for three days, during which her microphone was disabled as other lawmakers debated.

Lewis and Clark County Sheriff Leo Dutton told The Washington Post that seven protesters — six of them from Missoula, the city Zephyr represents — were arrested on charges of criminal trespassing, a misdemeanor. The county’s detention center “will book and release [them] without requiring bond,” Dutton said.

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Zephyr left the Capitol to follow the protesters taken to the detention center.

“I’m helping and supporting those who were arrested defending democracy,” she said in a text message Monday evening.

The arrests come weeks after protesters halted proceedings in Tennessee’s legislature while demanding gun control following a mass killing at a Nashville school. Republican lawmakers there later voted to expel two Democratic members of the House, claiming their participation in the protest was an “insurrection” that violated decorum rules.

In a statement Monday night, Montana Republicans condemned the protest, echoing sentiments out of the Tennessee Capitol.

“Their actions did not represent Montana values,” Montana House Speaker Matt Regier, along with Republican Reps. Rhonda Knudsen and Sue Vinton, said of the protesters. “House leadership will stand firm in our commitment to decorum, safety and order. We will uphold the people’s will that sent 68 Republicans to Helena.”

Montana state Rep. Zooey Zephyr (D) said “this body should be ashamed” April 18 while speaking against a bill that would ban gender-affirming care for minors. (Video: Montana Public Affairs Network)

The protest in Montana followed a nearly week-long fight after Zephyr, while debating legislation on April 18, told her fellow lawmakers: “If you vote yes on this bill, I hope the next time there’s an invocation, when you bow your heads in prayer, you see the blood on your hands.” The House was discussing four anti-trans bills that day, including one banning minors’ access to gender-affirming care. Data published by the Centers for Disease Control and Prevention in 2019 found that more than one-third of transgender teenagers attempt suicide.

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Zephyr’s remarks prompted the Montana Freedom Caucus, a bloc of 21 conservative legislators, to release a letter that deliberately misgendered her and said that Zephyr’s comments amounted to “hateful rhetoric.” Since then, Regier has declined to allow Zephyr to speak on the House floor until she apologizes.

“Rep. Zephyr has made comments in the past that are derogatory and did not show remorse of staying within that decorum. Until that can happen and trust is restored, recognition won’t be granted,” Regier said in an interview with KRTV.

On Monday afternoon, chaos erupted on the House floor when Zephyr attempted to speak on a bill that would restrict the ability of children to change names or pronouns at school without parental consent.

Montana House Minority Leader Kim Abbott (D) called on the speaker to allow Zephyr to comment on the bill.

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“Once again, no representative is above our House rules,” Regier responded, initiating a vote on “upholding decorum” that would determine whether Zephyr would be permitted to participate in the discussion.

The ban on Zephyr was upheld by 63 yes votes. Zephyr’s supporters in the gallery began shouting, demanding that the House “let her speak.” Regier called for order and asked the sergeant of arms to clear the gallery. Within minutes, law enforcement officers streamed in as Zephyr’s supporters grew louder in the unified chant.

In video of the protest taken by the Helena Independent Record, law enforcement officials can be seen pushing protesters out of the gallery, demanding that they “move back” and “stop resisting.” One protester is heard screaming, “You’re going to hurt us.”

Zephyr said in a statement Monday night that it’s her duty to ensure her constituents’ voices are heard.

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“For the third consecutive day, I have been denied the opportunity to represent my constituents in the Montana legislature and to speak on their behalf. When my constituents and community members witnessed my microphone being disabled, they courageously came forward to defend their democratic right to be heard — and some were arrested in the process,” Zephyr said. “I stood by them in solidarity and will continue to do so.”

The Montana Freedom Caucus referred to the protest as an “insurrection” and, while calling for “immediate disciplinary action” against Zephyr, claimed that she encouraged violence at the Montana Capitol — much like Republican Tennessee lawmakers did when demanding the expulsion of Democratic Reps. Justin Jones, Justin Pearson and Gloria Johnson. (Jones and Pearson were reinstated shortly after being ousted. Johnson survived expulsion by one vote.)

Meanwhile, Abbott, the minority leader of the Montana House, applauded the protesters.

“Today we saw Montanans show up and engage in the democratic process, and some of those Montanans were arrested,” Abbott said. “To me, it’s an incredible statement in support of the trans, nonbinary and Two Spirit community — and against the Republican agenda that would strip our neighbors of their basic rights, dignity and humanity.”

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Source: The Washington Post