2023 legislative session

Zephyr was a vocal opponent of multiple anti-LGBT bills introduced during the 2023 legislative session.^[15][16][17] During a floor debate on April 18, 2023, Zephyr admonished those who supported Senate Bill 99, which prohibits gender-affirming medical and surgical care for minors. She first commented, "If you are forcing a trans child to go through puberty when they are trans, that is tantamount to torture, and this body should be ashamed."^[18] When this remark triggered an objection from Republican majority leader Sue Vinton, Zephyr replied, "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."^[19] This prompted backlash from House Republicans. The Montana Freedom Caucus issued a statement misgendering Zephyr and calling for her censure.^[20][21] Zephyr stood by her words, and House Minority Leader Kim Abbott defended her, describing the statement as "blatantly disrespectful and the farthest thing imaginable from the 'commitment to civil discourse' that these letter writers demand".^[22] Thereafter, Speaker Matt Regier refused to let Zephyr speak on any bills despite no censure having taken place.^[23]

On April 24, about 100 people gathered at a rally in support of Zephyr, prompting heavy police presence. That afternoon, Zephyr was once again denied speaking privileges, prompting every single Democratic lawmaker who was present to stand in protest. All but two Republican members of the chamber's supermajority voted to uphold Regier's ruling. Protests in the House Gallery resulted in a half-hour delay in proceedings as riot police were brought in to clear the gallery. Most Democratic legislators remained in the House chambers, mostly in the wings, but Republican lawmakers evacuated the room. Zephyr remained at her desk on the floor, silently holding aloft a microphone. Seven people were arrested, and after booking were released without needing to post bail.^[24][25][26] Afterwards, members of the conservative Montana Freedom Caucus, in a written letter that also misgendered Zephyr, accused her of "standing in the middle of the floor encouraging an insurrection."^[27]

On April 26, a hearing was held to vote on a proposal to sanction Zephyr's actions during the protest on April 24. After a speech by Zephyr and a brief debate limited to three speakers on each side, the House voted 68–32 along party lines to bar Zephyr from the House floor, gallery, and antechamber until the adjournment of the 2023 session the first week of May. She was permitted to vote remotely for the remainder of the session.^{[28][29][30][31]}

On April 27, Zephyr set up her laptop and assorted paperwork on a bench outside the House Chambers in a hall open to the public. Behind the bench, she placed a sticky note saying "Desk 31"—her designated seat on the house floor. When Regier asked her to leave, House Democrats pointed out that she was in a public area. He responded that he was afraid she was blocking the hallway, but claiming to be reassured that she was not blocking traffic, agreed that she could remain. Additionally, following her expulsion, Republican leadership cancelled all remaining hearings of the committees on which she served. To handle the bills still pending, they used their supermajority to "blast" several bills directly to the floor, and reassigned other bills to different committees.^[32] On May 1, the bench from which she had been working was occupied by a group of women, including Regier's mother,^[33] and the wife of senator Steve Hinebauch, in order to prevent Zephyr from sitting.^[34][35] Business Insider's Katie Balevic compared a photo of the women apparently laughing and leering to civil rights era photos of white student Hazel Massery shouting at African-American student Elizabeth Eckford during the Little Rock Crisis.^[36] On subsequent days, a group of Zephyr’s supporters, primarily a group of tech workers able to work remotely dubbed “The Blue Bench Brigade,” came in and occupied the bench to save Zephyr’s spot.^[37] Immediately upon adjournment sine die on May 2, Zephyr walked onto the House floor to meet her colleagues.^[38]

On May 5, it was noted that the American Civil Liberties Union (ACLU) intended to defend the protesters who were arrested at the Capitol on April 24.^[39]

Legal action

Four days after having been barred from the House floor, Zephyr and several of her constituents sued the state and Regier in state court,^[27][40][41] alleging that the legislative action violated the Montana Constitution, specifically Zephyr's right to freedom of speech and equal protection under the law, and her constituents' rights to be represented by a member of their choice.^[42][43] The ACLU of Montana, along with several private law firms, represented Zephyr in the suit, while state Attorney General Austin Knudsen defended the House.^[27][40][41] Zephyr relied in part on previous court decisions involving legislators' challenges to discipline by legislative bodies, including Boquist v. Courtney and Bond v. Floyd.^[41][44]

Zephyr also sought an emergency court order to allow her to return to the floor. On May 3, District Court judge Mike Menahan, a former Democratic legislator, denied the motion, holding that the separation of powers doctrine prevented the judiciary from such action against the legislative branch.^[40][45] Because the decision was issued the day after the state legislative session adjourned for the year, the suit and the denial of injunctive relief had little immediate effect.^[40][43]