National
Montana GOP expel trans lawmaker for remainder of session
“This is an anti-democratic effort to censor one of their own colleagues for using her voice and platform to represent her constituents”
Democratic Montana state Representative Zooey Zephyr (HD-100) has been silenced by the House Republican supermajority for the remainder of the legislative session. She will lose all speaking privileges and will vote online.
Prior to the vote that barred her from participating on the House floor after she protested House Republican leaders’ decision earlier in the week to silence her, Zephyr said:
“It is my honor today to rise on behalf of my constituents for members of House District 100, and my members who elected me to represent them This legislature has systematically attacked that community. We have seen bills targeting our art forms, our books, our history, and our healthcare. And I rose up in defense of my community that day, speaking to harms that these bills bring.”
“A trans teen attempted to take their life watching that hearing. In that hearing, our caucus pleaded to the leader of that hearing to keep decorum and we were told that many people have many different opinions about those things.”
“If you use decorum to silence people who hold you accountable, then all you are doing is using decorum as a tool for oppression. When I continued to not be recognized, my community came and said that they let me speak. When the speaker gaveled down, he was driving a nail in the coffin of the nail of democracy. But you cannot kill democracy that easily, and that is why they kept chanting let her speak.”
“I’m not sure what comes next here, but I will do what I have always done. I will rise in support of my community. I will take the hard and moral choice to stand up for the people who elected me to do so. And I am grateful for those who stood up in defense of democracy. I hear from my constituents, I hear from your constituents that stood up on my behalf.”
“I know in this building, in these quiet halls, the staff come up to me and say thank you, for defending our community. I will always stand up for them, and I will always stand up for democracy in the state of Montana.”
As I left the House chambers, I pressed my light to speak—a reminder that this legislature is removing 11,000 Montanans from discussion on every bill going forward.
— Rep. Zooey Zephyr (@ZoAndBehold) April 26, 2023
I will always stand on behalf of my constituents, my community, and democracy itself. pic.twitter.com/H3CLZufy6E
Zephyr was supported by Native American lawmaker Rep. Jonathan Windy Boy (D) – HD32, who told the chamber: “The community that I represent does have trans. Some tribes, we call them two spirit people. My late uncle, one of my teachers in my way of life, has always told me … no matter who you are, we are all equal under the eyes of the almighty.
“There’s been a lot of things that have happened in this body over the last 21 years. This is nothing compared to things we’ve seen. We had a Democratic representative almost go fist to cuffs in the gallery. That was uncalled for. Why didn’t they get taken to the level of this,” he added noting: “Even in the Senate, we got up and we hit the desks. We almost got charged for messing up the state’s property. Why weren’t we disciplined like this?” “We are picking one person in this body for something she believes is right.”
“We need to just put this behind us, let her represent the people she represents, do the people’s work and move on,” he finished.
Another lawmaker then stood and berated the Republicans for taking this action. Representative SJ Howell (D) – HD 95, a trans nonbinary lawmaker from Missoula said:
“A yes vote on this motion puts our Democratic process and job as legislators second. Though I love my job, I have faced a series of deeply offensive behaviors. There has been a pattern of unwillingness to listen to a diverse set of opinions in front of us.”
“The right to protest is a clearly upheld right in the state and US constitution and we took oaths to protect that constitution. It is deeply unsurprisingly to me that the community responded the way it did. Its not just one of our own that has been silenced. It happened after a session where bills have targeted us, struggling for equal treatment under the law.”
“We are here because we are struggling with a debate we have had since the beginning of this session on a set of bills. Bills that directly impact the safety of the LGBT community. Not one Dem brought any of those bills,” Howell said.
Reaction was swift from LGBTQ and civil rights groups:
“This is an anti-democratic effort by House leadership to censor one of their own colleagues for using her voice and platform to represent her constituents,” said Keegan Medrano, policy director of the American Civil Liberties Union of Montana. “Rep. Zephyr is a duly-elected member of the legislature and entitled to represent the people of their district. In voting to take away her microphone, the House is attempting to silence Montanans and trans people from speaking to the harm of all these bills. This is another shameful day in our state’s history and we’re determined to protect every transgender Montanans from these vile, bigoted attacks on their dignity and equality.”
“There is a name for when elected officials attack and silence other elected officials they don’t agree with to prevent them from fulfilling their duties – it’s called authoritarianism,” said Deirdre Schifeling, national political director at the ACLU. “Freedom of speech is essential to our democracy. Trans people are an essential part of our democracy — both as voters and lawmakers — and must be defended.”
“For anti-LGBTQ lawmakers to launch a verbal and legislative war against transgender Montanans and censure the state’s only trans lawmaker for telling the truth – that they will have blood on their hands – is destructive and absurd. Her comment is incomparable to the harmful and hateful rhetoric of these anti-LGBTQ lawmakers and incomparable to the undeniable harm this legislation will have on trans people. Rep. Zephyr’s voice is needed more than ever at this moment and her opponents understand that. It is the reason they are determined to silence her,: Elliot Imse, executive director of the LGBTQ+ Victory Institute, said in a statement.
“Government representation is essential for LGBTQ+ community members who rarely see themselves reflected in positions of power, especially in conservative states like Montana. Transgender people must be part of the conversations about their lives,” Imse added.
Sarah Kate Ellis, president of GLAAD, issued the following statement:
“The silencing and threats of censure and expulsion against Rep. Zephyr for speaking up in support of transgender Montanans is an attack on our nation’s democratic ideals and free speech values. It’s an assault on democracy to suppress the already marginalized and under-represented voices of LGBTQ people and people of color, and the lawmakers who were duly elected to represent them. The attack against Rep. Zephyr is the latest in a disturbing trend across the country as LGBTQ and ally lawmakers in Tennessee, Oklahoma and other states have also faced recent threats of censure simply for speaking up for their constituents. Speaking up is literally what they were elected to do. This news is a strong reminder that our voices are our power. When we speak, extremist lawmakers can’t help but hear us.”
In the past few months, a number of additional elected officials and/or protestors at state capitals have faced disciplinary action for vocalizing their support for LGBTQ people or progressive issues:
- Three state lawmakers in Tennessee faced disciplinary action following their participation in a gun violence protest shortly after a school shooting in Nashville. Resolutions for expulsions of two of the three lawmakers — two black men, Rep. Justin Jones and Rep. Justin Pearson — passed with a two-thirds majority, while the third — a white woman, Rep. Gloria Johnson — failed to pass by one vote. (The lawmakers were all later reinstated.)
- In Oklahoma, protestors opposing a ban on health care for trans residents were escorted out of a House floor hearing, one of whom — a trans man — was thrown by a state trooper to the floor of a stairwell and handcuffed as he was held face down.
- Shortly afterwards, Republican House leaders announced a censure of Rep. Mauree Turner, a Black Muslim legislator and Oklahoma’s first and only nonbinary elected representative, claiming that Rep. Turner “impeded law enforcement” by helping one of the protestors in their office. Rep. Turner continues to be censured to date as Oklahoma legislators continue considering a slate of anti-LGBTQ bills.
More than 500 anti-LGBTQ bills have been proposed in state legislatures in 2023 seeking to ban health care for trans Americans, prohibit transgender youth from being allowed to participate on school sports teams, prohibit any mention of LGBTQ people or issues in school curriculums, criminalize drag performances and Pride celebrations, and more.
LGBTQ Political Representation
LGBTQ people make up 7.1 percent of the population but only a small number of elected officials, although the number has increased over the past few years:
Number of trans/nonbinary elected officials according to the LGBTQ+ Victory Institute:
- The number of openly nonbinary elected officials has grown from five in 2019 to 20 in 2023.
- The number of openly transgender men in elected office has grown from five in 2019 to nine in 2023.
- The number of transgender women in elected office has grown from 15 in 2019 to 41 in 2023.
- In total, the number of openly transgender/ nonbinary elected officials has increased from 25 in 2019 to at least 70 in 2023.
California
LGBTQ community calls out Radio Korea over host’s homophobic comments
Station acknowledged controversy, but skirted accountability
On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.
Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.
In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”
Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.
Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation.
“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”
For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An.
On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue.
Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.”
Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics.
“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”
Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.”
At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said.
For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”
Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement.
U.S. Military/Pentagon
Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion
Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion
The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.
In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.
“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.
Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.
A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.
Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.
Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.
Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.
“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”
The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”
The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.
President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.
Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.
“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”
NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”
The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.
The White House
Trans workers take White House to court over bathroom policy
Federal lawsuit filed Thursday
Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.
The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”
The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.
Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.
The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.
“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.
Withrow detailed the daily impact of the policy in her statement included in the lawsuit.
“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.
The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.
“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”
In addition to withholding food and water, the policy subjects her to ongoing stress and fear:
“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”
“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”
Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.
The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.
“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.
Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.
“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”
“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”
“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”
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