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.

I will always stand on behalf of my constituents, my community, and democracy itself. pic.twitter.com/H3CLZufy6E

— Rep. Zooey Zephyr (@ZoAndBehold) April 26, 2023

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.