Career
Zephyr's rise as an activist began in 2020. She testified before the Montana state legislature in defense of LGBT rights and then also met with Republican Governor Greg Gianforte, but felt her words were not heard. Having watched in frustration as bills limiting the rights of transgender people passed by a single-vote margins; these included, for example, legislation making it difficult for transgender people to update birth certificates. Over time, Zephyr came to believe that she needed to "get into the room where the laws are being written," leading her to decide to run for a seat in the Montana House of Representatives in the 2022 midterm elections. [11]
House District 100, based in Missoula, is one of the most Democratic-leaning districts in Montana. [11] The seat was previously held by Andrea Olsen, who left the seat to run for state senator. Zephyr defeated Dave Severson in the Democratic primary on June 7, 2022. Upon defeating Republican opponent Sean Patrick McCoy that November, Zephyr became the first trans woman to be elected to the Montana legislature alongside SJ Howell, the first non-binary person to be elected. [12] Zephyr assumed office in January 2023. On April 28, 2023, Zephyr announced she would seek re-election in 2024. [13] In an interview with Out, she noted that she was working with "various groups to brainstorm policy proposals for the next legislative session," and added that she was traveling across Montana, and the country, to build coalitions and to ensure that "the good folks who want to get into office have the support they need in order to succeed." [14]
In early December, 2024, the House Rules Committee of the Montana State Legislature voted 10-12 to reject a measure which, according to Rachel Treisman from NPR, would have "required legislators to use the [bathroom] that aligned with their sex chromosomes at birth", with the proposed rule being seen as targeting Zephyr. [15] [16]
2023 legislative session
Zephyr was a vocal opponent of multiple anti-LGBT bills introduced during the 2023 legislative session. [17] [18] [19] 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." [20] 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." [21] Zephyr's comments prompted a backlash from House Republicans. The Montana Freedom Caucus issued a statement misgendering Zephyr and calling for her censure. [22] [23] 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". [24] Thereafter, Speaker Matt Regier refused to let Zephyr speak on any bills despite no censure having taken place. [25]
On April 24, about 100 people gathered at a rally in support of Zephyr, prompting a heavy police presence. Later 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 having been required to post bail. [26] [27] [28] Afterwards, members of the conservative Montana Freedom Caucus, in a letter that once again misgendered Zephyr, accused her of "standing in the middle of the floor encouraging an insurrection." [29]
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 was held, which was limited to three speakers on each side, the House voted 68–32, along straight party lines, to bar Zephyr from the House floor, gallery, and antechamber, which would last until the adjournment of the 2023 session the first week of May. She was permitted to vote remotely for the remainder of the session. [30] [31] [32] [33]
On April 27, Zephyr set up her laptop and assorted paperwork on a bench situated just outside the House Chambers in a hall open to the public. Behind the bench, she posted a sticky note, simply saying "Desk 31"—her designated seat on the house floor. When Regier asked her to leave, House Democrats pointed out that she was situated in a public area. He responded that he was afraid she was blocking the hallway, but claiming that upon being reassured that she was not blocking traffic, agreed that she could remain.
Additionally, following her ban, 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. [34]
On May 1, the bench from which she had been working at just off the House floor was occupied by a group of women, among them Regier's mother, [35] and the wife of Republican senator Steve Hinebauch, in order to prevent Zephyr from sitting. [36] [37] 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. [38] 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. [39] Immediately upon adjournment sine die on May 2, Zephyr walked onto the House floor to meet her colleagues. [40]
On May 5, the American Civil Liberties Union (ACLU) announced that it intended to defend the protesters who were arrested at the Capitol on April 24. [41]
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, [29] [42] [43] 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. [44] [45] The ACLU of Montana, and several private law firms, represented Zephyr in the suit, while state Attorney General Austin Knudsen defended the House. [29] [42] [43] Zephyr relied in part on previous court decisions involving legislators' challenges to discipline by legislative bodies, including Boquist v. Courtney and Bond v. Floyd . [43] [46]
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. [42] [47] 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. [42] [45]
Personal life
Zephyr came out as transgender in 2018. She chose the name Zooey, meaning "life", and Zephyr, as she wanted to be "a gentle breeze". Her middle name, Simone, is a tribute to her paternal grandmother. [51] A 2023 Out profile described her as a bisexual trans woman. [14]
Zephyr is in a relationship with journalist and trans activist Erin Reed; they were engaged on May 5, 2023. [52] [53] [54] Earlier that week, Zephyr and Reed were victims of attempted swattings at their respective residences; Reed credited local police for helping to stop the incidents. [53] [55] In June 2023, the couple appeared at Pride events throughout the U.S. [56] She later told Out: “Everywhere I travel, I see a queer community that is supporting one another through the hardships we are facing... We are facing an unprecedented level of attacks by the far right; however, broadly, this hate is being rejected." [14]
