Montana state Rep. Zooey Zephyr’s bid to return to the House floor was quashed by a judge on May 2, meaning the lawmaker will continue to cast votes remotely for the remainder of the legislative session.
District Court Judge Mike Menahan said in a five-page ruling (pdf) that the court lacked the authority to overrule the GOP-led House’s decision last week to censure Zephyr, a biological male who identifies as a bisexual trans woman, from the House floor and debates.
“Based on the relief requested, the Court finds Plaintiffs are unlikely to succeed on the merits and therefore cannot satisfy the first requirement,” Judge Menahan wrote in his ruling, citing the separation of powers between the judicial and the legislative, legislative, executive and judicial branches….