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Updated: Montana House cancels after rally for transgender lawmaker

by AMY BETH HANSON and SAM METZ Associated Press
| April 25, 2023 10:40 AM

HELENA, Mont. (AP) — Montana's House speaker canceled a Tuesday floor session a day after seven protestors were arrested for disrupting proceedings with demands that Rep. Zooey Zephyr, a transgender Democrat silenced by lawmakers for comments against bans on gender-affirming care, be allowed to speak.

The cancellation is the latest development in a standoff over whether Montana Republicans will let the lawmaker from Missoula speak unless she apologizes for her remarks last week on a gender-affirming care ban proposal.

Speaker Matt Regier did not take questions on Tuesday or explain why lawmakers were not returning to the floor, but in a brief statement called the disruptions a "dark day for Montana."

"Currently, all representatives are free to participate in House debates while following the House rules," Regier told reporters. "The choice to not follow the House rules is one that Rep. Zephyr has made. The only person silencing Rep. Zephyr is Rep. Zephyr. The Montana House will not be bullied."

Under Regier's leadership, the House has not allowed Zephyr to speak since last week when she said that those who voted to ban gender-affirming care for young people would have "blood on their hands." He and other Republicans said the remark was far outside the boundaries of appropriate civil discourse and demanded she apologize before being allowed to participate in legislative discussions.

Zephyr's remarks, and the Republican response, set off a chain of events that culminated in a rally outside the Capitol and seven arrests Monday after protestors interrupted House proceedings demanding Zephyr be given the right to speak. The scene at the Statehouse galvanized both those demanding she be allowed to speak and those saying her actions constitute an unacceptable attack on civil discourse.

Much like developments in the Tennessee Statehouse weeks ago — where two lawmakers were expelled after participating in a post-school shooting gun control protest that interrupted proceedings — Zephyr's punishment has ignited a firestorm of debate about governance and democracy in politically polarizing times.

It has showcased the growing power of the Montana Freedom Caucus, a group of right-wing lawmakers that has spearheaded the charge to discipline Zephyr. The caucus re-upped its demands and rhetoric Monday. In a statement they said that Zephyr's decision to hoist a microphone toward the gallery's protesters amounted to "encouraging an insurrection."

Its unclear if Regier and House leaders will follow the Freedom Caucus's demand. Rep. Casey Knudsen, a rancher and a Freedom Caucus member, said the cancellation gave leadership time to respond to Monday's events. House Democratic Leader Kim Abbott said she saw leadership's decision to cancel as giving lawmakers "some time to regroup."

Though several resisted law enforcement officers trying to arrest them, Abbott pushed back at characterizing the activity as violent. She acknowledged it was disruptive, but called the demonstration peaceful. She said public protests were a predictable response to a lawmaker representing more than 10,000 constituents not being allowed to speak and questioned bringing in officers in riot gear to handle the chanting protestors.

"It was chanting, but it absolutely was not violent," she said. "Sometimes extreme measures have a response like this."

There were no reports of damage to the building and lawmakers were not threatened.

On Monday, Zephyr said the seven arrested were "defending democracy" and in an earlier speech said that the sequence of events that followed her remarks illustrated how they had struck a chord with those in power.

"They picked me in this moment because I said a thing that got through their shield for a second," she told a crowd of supporters gathered on the Capitol steps near a banner that read "Democracy dies here."

She said she does not intend to apologize and argued that her "blood on your hands" remark accurately reflected the stakes of such bans for transgender kids.

An earlier version of this story follows below:

HELENA, Mont. (AP) — The standoff over whether Montana Republicans will let a transgender Democrat in the state House participate will likely continue on Tuesday, a day after protests and arrests galvanized both those demanding she be allowed to speak and those saying her actions constitute an unprecedented attack on civil discourse.

A caucus of right-wing lawmakers re-upped their demands for legislative leaders to discipline Montana Rep. Zooey Zephyr of Missoula after protesters chanting on her behalf interrupted proceedings in the Statehouse on Monday. The Montana Freedom Caucus — a group of 21 conservative lawmakers — said Zephyr's decision to hoist a microphone toward the gallery's protesters amounted to "encouraging an insurrection."

Though they did not specify whether they were calling for Zephyr's censure or expulsion, the caucus's demands for discipline reflect how the standoff over remarks Zephyr made last week continues to boil and will likely take on expanded significance in the nationwide debate over the role of protest in democracy. Its unclear if House leaders will follow the Freedom Caucus's direction, but in a joint statement Monday they said they "condemn violence and will always stand for civil debate and respect for our processes of government."

Seven were arrested for criminal trespass however no physical injuries or property damage have been reported.

Zephyr hasn't been permitted to speak since she said last Tuesday that those who voted to ban gender-affirming care for youth would have "blood on their hands." Republicans said the remark was far outside the boundaries of appropriate civil discourse and demanded she apologize before being allowed to participate in legislative discussions.

Multiple studies have shown that transgender youth are more likely to consider or attempt suicide and are less at risk for depression and suicidal behaviors when able to access gender-affirming care.

Zephyr, undaunted, has said she does not intend to apologize and argued that her remarks accurately reflected the stakes of such bans for transgender kids. On Monday, she said the seven arrested were "defending democracy" and in a morning speech said that the sequence of events that followed her remarks illustrated how they had struck a chord with those in power.

"They picked me in this moment because I said a thing that got through their shield for a second," she told a crowd of supporters gathered on the Statehouse steps near a banner that read "Democracy dies here."

Both Zephyr and legislative leaders said they are unsure what to expect when the Montana House reconvenes on Tuesday afternoon. Republicans and Democrats are both scheduled to hold news conferences.

"Spirited debate is encouraged in our democracy — it's part of what makes our country great but with that comes a responsibility to be civil and to avoid extreme rhetoric and violence," U.S. Sen. Steve Daines said in a statement.