As It Happens

Montana Republicans won't let this trans lawmaker speak in the legislature

Montana Rep. Zooey Zephyr says Republican attempts to keep her from speaking in the state legislature are "inherently undemocratic."

Rep. Zooey Zephyr said her colleagues have 'blood on their hands.' They're demanding an apology

A woman sits in a room full of other people, all facing the same direction.
Rep. Zoey Zephyr was barred from commenting on any bills in the Montana Legislature on Thursday and Friday. (Thom Bridge/Independent Record/The Associated Press)

Montana Rep. Zooey Zephyr says Republican attempts to keep her from speaking in the state legislature are "inherently undemocratic."

Zephyr, a Democrat, has been barred from speaking on any bills in the Montana Legislature until she apologizes for saying lawmakers will have "blood on their hands" if they support a bill to ban gender-affirming medical care for transgender youth.

"I think they do not like that I held them accountable and spoke clearly and precisely about the types of harm that this legislation brings," Zephyr — the first openly transgender person elected to the Montana Legislature — told As It Happens host Nil Köksal.

Republicans call comments 'hateful'

Zephyr made the comments on Tuesday, when lawmakers were debating Republican Gov. Greg Gianforte's proposed amendments to the transgender medical care bill.

Referring the legislature's daily morning prayer, she said: "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."

Later that night, a group of conservative lawmakers known as the Montana Freedom Caucus demanded her censure in a letter and a tweet, both of which referred to her using exclusively male pronouns.

The caucus members said Zephyr's comments displayed a "hateful rhetoric" and called for a "commitment to civil discourse."

More than a dozen men in suits stand behind a woman at a podium. Everyone is smiling and clapping.
Republican Sen. Theresa Manzella is shown with members of the Montana Freedom Caucus on Jan. 19. The group of conservative lawmakers misgendered Zephyr in a letter and a social media post demanding she be censured. (Thom Bridge/Independent Record/The Associated Press)

Since Thursday, House Speaker Matt Regier, a Republican, has refused to acknowledge Zephyr as she attempts to comment on various bills. 

Democrats objected, but the decision to silence Zephyr was upheld in a committee and by the full House on party-line votes Thursday and Friday. 

Regier said he was following his duty to "maintain decorum" and "protect the dignity and integrity" of the House floor. 

"What he really wants is silence as he takes away the rights of queer and trans Montanans," Zephyr said.

Bill puts lives on the line, says Zephyr

Zephyr says she has no intention of apologizing for comments or being silent about the "real harm" she says the proposed legislation will cause. 

"Being the first trans woman in this legislature, it felt important to stand up in defence of my community and in defence of the youth in my community who cannot be in this building advocating," she said. 

The bill would ban transgender minors from receiving gender-affirming care in the form of puberty blockers, cross-sex hormones or surgical procedures. Any medical professionals who provided such care would lose their medical licences for at least a year.

Those same treatments, however, would not banned for non-transgender minors. 

People line up in a carpeted room to speak at a podium.
Opponents of SB99, a bill banning gender-affirming medical care for transgender minors, line up out the door of the Senate Judiciary Committee on Jan. 27 in Helena, Mont. (Thom Bridge/Independent Record/The Associated Press)

The bill's proponents say they are trying to protect kids who are too young to make decisions about gender-affirming care. But Zephyr says it puts those kids' lives on the line. 

Transgender youth are far more likely than their peers to think about suicide or attempt it, according to a study published last year in the Canadian Medical Association Journal. But trans teens who are able to receive treatments to suppress puberty are far less likely to consider taking their own lives, according to a 2020 study published in the Journal of the American Academy of Pediatrics.

"I've lost friends to suicide this year. Trans friends," Zephyr said. "And I've had families, Montanan families, reach out to me and say that their trans children have attempted suicide."

Most major medical institutions in the U.S. recommend gender-affirming medical care for transgender youth, including the American Academy of Pediatrics, the American Medical Association, the American Psychological Association and the American Academy of Child and Adolescent Psychiatry.

'They want our silence'

Zephyr says there have been plenty of times when she's heard other state reps make comments in the House that their colleagues find objectionable during heated debates — including some aimed at her. 

"And we rise and we object to that. And then we move on because we're elected here by our constituents to debate the bills. That's what they sent us for. It's what our democracy is," she said.

"And to tell me I can't partake in that debate because they were upset about what I said, it's inherently undemocratic."

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"There's a connection here when marginalized communities are rising and saying, 'You are hurting us and getting us killed,'" Zephyr said.

"When we rise, the people in power right now — the Republicans in power, particularly — don't want to be held accountable. They want our silence. And we won't give it to them."


If you or someone you know is struggling, here's where to get help:

This guide from the Centre for Addiction and Mental Health outlines how to talk about suicide with someone you're worried about.

With files from The Associated Press. Interview with Zooey Zephyr produced by Sarah Jackson.

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