Montana Lawmakers Attempted to Block Zooey Zephyr From Using Capitol Bathrooms—Here’s Why It Failed

This blog is originally appeared at Them

Although Rep. Jerry Schillinger’s measure didn’t explicitly name Zephyr, she is the only legislator to whom the rule would apply.

An attempt to bar Montana lawmaker Zooey Zephyr and other transgender women from using the women’s restroom in the State Capitol has failed, with several Republicans voting against the measure.

The Montana legislature’s joint rules committee voted down the proposal on Tuesday, according to the New York Times. The measure, introduced by Republican Rep. Jerry Schillinger, was unanimously opposed by Democrats, and some Republican lawmakers also joined in rejecting it. Although Zephyr was not specifically named in the measure, she is the only legislator to whom it would apply, as the rule would have required lawmakers to use restrooms corresponding to their sex assigned at birth, per CNN. Zephyr is also Montana’s first openly transgender woman to serve in the state legislature.

In a post on Bluesky Tuesday, Zephyr expressed relief, writing, “I’m happy to see that this proposed ban failed and am grateful for my colleagues, particularly my Republican colleagues, who recognized this as a distraction from the work we were elected to do.” She also told the New York Times via email that she plans to focus on issues like “housing and health care” in her legislative work moving forward.

According to the Times, Republican Rep. David Bedey argued during the committee meeting that such a rule would “have the effect of making people famous in the national news, and will not contribute to the effective conduct of our business.” Previous efforts to remove Zephyr from the legislature have indeed attracted significant national attention. In April 2023, Montana Republicans voted to censure Zephyr after she delivered an impassioned speech opposing a bill that would ban gender-affirming care for youth. As a result, she was barred from speaking in the legislature for the remainder of the session, although she retained her right to vote. Zephyr subsequently filed a lawsuit against the state, seeking to overturn the censure ruling, but a judge denied her petition, ruling that he lacked the authority to reverse the vote.Despite Republican efforts to censor her, Zephyr was re-elected to the legislature in November, securing 80% of the vote in her district. When she returns to the Capitol in 2025, Zephyr will finally be allowed to speak during floor debates for the first time in nearly two years.

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