Seven persons who were detained for protesting in the state House gallery after Republicans denied transgender representative Zooey Zephyr the ability to debate bills near the close of the 2023 legislative session have had their misdemeanor trespassing charges against them dropped by Montana authorities.
In Justice Court, the Lewis and Clark County Attorney’s Office submitted applications to have the charges dropped “in the best interests of justice.” On Tuesday, three of the seven motions were signed by a justice of the peace, according to court officials. The rest are still pending.
Zephyr’s silence brought a large number of demonstrators to the state Capitol and rekindled national discussions about political decorum. Additionally, it occurred this year, a year in which numerous anti-LGBTQ+ measures have been filed by hardline lawmakers nationally.
Paul Kim of Missoula, one of the defendants, claimed his lawyer informed him the county had chosen to drop the charges. County Attorney Kevin Downs & Deputy County Attorney Deanna Rothwell did not respond to messages left on their phones requesting comment on Tuesday.
Zephyr was put on the spot after warning her colleagues and legislators that they would be responsible for the deaths of transgender children if they backed a bill that would have outlawed gender-affirming medical care. Zephyr was then barred from the House floor by Republican lawmakers for acting impolitely during the protest, forcing her to observe the discussions and cast her vote from a hallway outside the House chambers.
The Republican House leadership at the time labeled the disruption as a “riot” and an “insurrection,” putting legislators and personnel at risk. House Speaker Matt Regier did not immediately return a phone message Wednesday seeking comment on the dismissals. There were no reports of threats against lawmakers or property damage.
One of those charged, Kim, claimed he attended a rally in support of Zephyr and the LGBTQ+ community that day at the Capitol. He described the raucous demonstration in the gallery as a “spontaneous moment.”
When police attempted to evacuate the gallery, some of whom were wearing riot gear, Kim claimed he took the decision for himself that “I was not going to be corralled out of there.”
In a statement on Tuesday, Zephyr expressed how “overjoyed” she was to discover that the trespassing charges had been dropped.
When I muster the courage to speak up in the legislature, I am so confident that I will stand in solidarity with a long line of people who have done the same to safeguard democracy, she said. Each of you is now a part of that history.
Bills to restrict drag performances, outlaw drag queen readings in public libraries and schools, and define “sex” in state law as only male or female were passed by Montana’s Republican supermajority during the 2023 legislative session. LGBTQ+ advocates claim that these measures will deny nonbinary and transgender people legal recognition.
While a lawsuit is requesting a state judge to temporarily halt the ban’s enforcement until the issue can be addressed in court, the prohibition on gender-affirming medical care for minors is scheduled to go into effect on October 1. Sept. 18 is the date of a hearing.