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.
Erica Deuso will become the first openly transgender mayor in Pennsylvania.
Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.
Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.
Deuso released a statement following her election, noting that “history was made.”
“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”
According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.
Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.
“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.
Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.
Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.
“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”
Deuso will be sworn in as mayor on Jan. 7.
U.S. Supreme Court
LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’
Experts insist Kim Davis case lacks merit
The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.
Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.
She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.
The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.
Loewy began by explaining how the court got to where it is today.
“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”
Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.
“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”
That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.
“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”
She also noted that public opinion on same-sex marriage remains overwhelmingly positive.
“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”
“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”
A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.
“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”
Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.
“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”
She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.
“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”
Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.
“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”
“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.
When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.
“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”
Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:
“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.
“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”
He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.
“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”
He also addressed members of the LGBTQ community who might be feeling fearful at this moment:
“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”
And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.
“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”
Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.
“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.
“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.
“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”
Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:
“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”
U.S. Supreme Court
Supreme Court rules White House can implement anti-trans passport policy
ACLU, Lambda Legal filed lawsuits against directive.
The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.
President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”
The White House only recognizes two genders: male and female.
The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.
A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.
A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)
“This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”
Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.
The Supreme Court ruling is here.
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