A judge has ruled the Montana state House of Representatives has the right to discipline members as it chooses.
And he's thrown out a lawsuit by Zooey Zephyr, a transgender Democrat who sued over a House decision to punish him.
A report in the Washington Times revealed Montana District Court Judge Mike Menahan has granted the state's request to dismiss the lawsuit Zephyr filed accusing the House of violating his rights.
Menahan, a Democrat and former member of the House, said in his 10-page order, "Article V, Section 10 of the Montana Constitution provides the Legislature the authority to discipline its members."
Zephyr was censured last April for violating House rules and decorum "after holding up a disconnected microphone on the House floor in support of gallery protesters," the report said.
Demonstrators were arrested at the time.
The judge said, "The censure limited Zephyr to voting remotely on pending legislation for the remainder of the legislative session."
In the House at the time was legislation that would protect children from gender-transition drugs and surgeries that can leave them mutilated, and sterile, for life.
Zephyer, a male who "transitioned" to female in 2018, scolded other representatives with, "If you vote yes on this bill and yes on these amendments, I hope the next time there’s an invocation, when you bow your heads in prayer, you see the blood on your hands."
The judge also noted that the lawsuit became moot when the legislature adjourned May 2.
"The court cannot grant effective relief in this matter because there is no longer a ‘live’ controversy. Because of the fact specific nature of plaintiffs' claims, no mootness exception applies. Without a justiciable issue, this court may not hear plaintiffs’ case."
WND reported when Menahan ruled months ago that the legislature's decision would stand.
Zephyr, whose original name was Zachary Raasch, had launched a verbal attack against Republican lawmakers as they were voting on one LGBT agenda point.
His privilege to be on the floor of House, and speak, was suspended by a House vote then, and later, after appearing to lead an "insurrection" by his supporters in the House chamber, he sued.
The House censure vote found Zephyr had "violated the rules, collective rights, safety, dignity, integrity, or decorum of the House of Representatives."
The Republican Party of Montana is refusing to allow me—a transgender Representative—to speak on any bill. This is fundamentally undemocratic.
My light is on, and I am ready to speak on behalf of the constituents who elected me to do so. pic.twitter.com/pdijLUQsCc
— Rep. Zooey Zephyr (@ZoAndBehold) April 20, 2023
Rep Zooey Zephyr of Missoula said the following when debating SB99 Amendments.
“The only thing I will say is if you vote yes on this bill and yes on these amendments I hope the next time there’s an invocation when you bow your heads in prayer, you see the blood on your hands.” pic.twitter.com/wuhlympbLq
— Montana Freedom Caucus (@MTFreedomCaucus) April 18, 2023
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