Montana Silences Zooey Zephyr

The Montana Legislature this week took up a raft of legislation aimed at eliminating trans people. One bill would write transgender people out of the state’s legal code, requiring that birth certificates, drivers licenses, and even death certificates list only a person’s sex at birth. Another would allow public school teachers to deliberately misgender trans students, with no provision for parents to instruct schools to use the child’s preferred pronouns. A third would amend an anti-porn bill to ban “acts of transgenderism” from any website that doesn’t require age verification, treating most LGBTQ sites as if they were porn.

Finally, both houses passed a final version of Senate Bill 99, which not only bans gender-affirming medical care for minors but also will require trans minors to immediately stop taking their medication, forcing them to begin detransitioning. (At least, unlike in Missouri, adults will be able to continue their medical care. For now.) That’s to “protect” them by forcing them to experience puberty as the sex with which they don’t identify. The bill provides for both civil lawsuits and criminal prosecution against any healthcare provider who “harms” a trans youth by giving them the care recommended by virtually all medical and mental health professional organizations in the US.

PREVIOUSLY: What IS Gender Affirming Health Care For Kids Anyway, Because Texas Is Super F*cking Lying About It Right?

Missouri Attorney General Singlehandedly Bans Care For Trans Adults Too, No Law Required

SB 99 passed both houses once, but Gov. Greg Gianforte sent it back with amendments that, among other things, got rid of the word “procedures” to ensure that all medical treatment was banned — get it, because your medication isn’t a “procedure” — and more extensively defined “sex” more comprehensively around reproductive organs, declaring, “In human beings, there are exactly two sexes, male and female, with two corresponding types of gametes,” do not pass GO, do not collect a tiara if you have a dong. The amended bill passed Wednesday and went to Gianforte for his signature, once more over the protests of pediatricians and other medical professionals who warned again that trans kids will be harmed.

That, after all, was the point.


Blood On Their Hands

It was, finally, too much for first-term state Rep. Zooey Zephyr, Montana’s first trans legislator, who gave a blistering condemnation of the bill, as well as the cover letter Gianforte sent the House regarding his requested amendments. Please watch this speech, since it may well be the last time the Republican supermajority allowed Rep. Zephyr to speak in defense of the trans community.

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Zephyr rejected Gianforte’s assertion that SB 99 would “protect” Montana children, saying that forcing puberty on a trans young person amounts to torture. She also rejected his notion that the bill still allows “psychotherapy to treat young Montanans struggling with their gender identity.” But without the transitional medical care that’s actually the proper treatment for gender dysphoria — puberty blockers, with the option of hormone treatment later (most people delay surgery until after they’re 18 anyway) — Zephyr correctly pointed out that the only “psychotherapy” that remains would be “conversion therapy, which is torture.”

But the real fire of Zephyr’s comments was reserved for the state Legislature and for the fraud of SB 99 itself, with its attempt to legislate all humans into a gender binary, an idea as ridiculous, Zephyr said, as legislating that the Earth is flat. As for the claim that “life altering” medical treatment must be delayed until adulthood, Zephyr said,

“If you are forcing a trans child to go through puberty when they are trans, that is tantamount to torture. This body should be ashamed.”

House Majority Leader Sue Vinton (R) objected to that, saying that her caucus “will not be shamed.”

Nevertheless, Zephyr persisted.

“Then the only thing I will say is that 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.”

Vinton and nearly all the other Republicans stood to object, and Vinton said that Zephyr’s comments were “inappropriate, disrespectful and uncalled for.”

Freedom’s Just Another Word For Shut Up And Sit Down

Within hours, the “Montana Freedom Caucus” tweeted out a call for Zephyr to be censured, claiming that the Legislature is a place for “civil discourse” while deliberately misgendering Zephyr in both the tweet and the attached press release, and lying that her comments had been “threatening.” We suppose that actually recognizing the blood on their hands might scare them, though.

Zephyr also tweeted a letter from an ER doctor who recently wrote to her that a colleague had treated a suicidal transgender teen who said that they mostly wanted to die because the were constantly being told that their very existence was wrong. The teen

“referenced the current legislative session and told my partner, ‘My state doesn’t want me.’ Please consider that statement and let it sink in. This young teen is so distressed by the laws that you all have been discussing and passing, that they were driven to want to kill themselves.”

Zephyr prefaced the letter by saying, “When I said there is blood on their hands, I meant it.”

This Isn’t Legislating, This Is Genocide

Then yesterday, the House finished debate on SB 458, which enshrines in state law that binary definition of “sex” as either male or female, and nothing else. The law — which is probably unconstitutional, as if that matters anymore — effectively writes trans people out of 41 sections of Montana law. For instance, it specifies that the state’s law against discrimination now means that “a person may not be subjected to discrimination because of sex, as defined in 1-1-201, race, creed, religion, age, physical or mental disability, color, or national origin.” That section, of course, is the bit saying “there are exactly two sexes, male and female,” etc.

Another clause notes that the state’s “fair campaign practices” code means that candidates will pledge to “not make any appeal to prejudice based on race, sex, as defined in 1-1-201, creed, or national origin” — in other words, campaigning on prejudice against trans folks is apparently 100 percent ethical in Montana.

Housing and job discrimination against trans people? Completely legal now. And birth and death certificates and drivers licenses can only list the person’s sex at birth. You’ll be permanently misgendered even in the grave.

You get the idea.

We’re Republicans, We Can Do What We Want

As Zephyr stood to voice her objections to the bill, House Speaker Matt Regier (R), refused to recognize her, which prompted a formal objection from Minority Leader Kim Abbott (D) and other Democrats. Regier said that as speaker, he decides who will speak and who won’t, and that’s that: “It is up to me to maintain decorum here on the House floor, to protect the dignity and integrity, and any representative I don’t feel can do that will not be recognized.”

The Democratic objection led to a meeting of the Rules Committee, where after some debate, the Republicans voted that Regier does indeed have the power to decide who can participate in debate, or not. But before that, the Rs tossed in an incidental threat to also silence Native American Rep. Sharon Stewart Peregoy (D), for warning that the Legislature was headed down a slippery slope to fascism, how dare she.

Regier later told reporters that unless Zephyr properly apologizes for her rude behavior, she won’t be allowed to speak again for the remainder of the 2023 legislative session, which is likely to run for another two weeks or so.

Zephyr made clear that she has nothing to apologize for, because these bills are going to kill trans kids, just as hatred has already killed trans people:

“I have lost friends to suicide this year,” she said. “I field the calls from multiple families who dealt with suicide attempts, with trans youth who have fled the state, people who have been attacked on the side of the road, because of legislation like this. I spoke with clarity and precision about the harm these bills do. And they say they want an apology, but what they really want is silence as they take away the rights of trans and queer Montanans.”

The Montana Democratic Party and the Montana American Indian Caucus both issued statements condemning the silencing of Zephyr, as well as the Montana Freedom Caucus for misgendering her. The latter statement also praised Zephyr for “speaking up for the Montana trans, nonbinary, and Two-Spirit community,” and condemned the legislature’s passage of laws that “spread disinformation and fear, prevent them from receiving life-saving health care, ban their self-expression, and erase them from all public life.”

Fascist Creeps And Creeping Fascism

Montana’s silencing of Zooey Zephyr is proof that Republicans haven’t learned anything at all from the backlash to Tennessee Republicans’ attempt to silence two Black Democrats who spoke up (without permission, egad!) against gun violence.

Or maybe the Montana GOP did learn something. The House speaker silenced her even though there was no censure resolution at all. Just to add to the farce, the Montana “Freedom” Caucus celebrated Zephyr’s silencing with another press release that flat out lied, claiming that the Legislature had “officially” voted to censure Zephyr. Of course, no such vote happened, just the Rules Committee vote affirming that Regier can silence anyone he wants.

Not like anyone will be allowed to call that a lie in the House. Wouldn’t be civil.

[Erin in the Morning / Daily Montanan / Montana Free Press]

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North Dakota GOP To Jail Librarians For Disgusting Sex Books, Including Images Of ‘Gender Identity’

Republicans in the North Dakota state House of Representatives have introduced a bill that would not only ban public libraries from carrying any books with “sexually explicit” content, but would also jail librarians for up to 30 days on felony charges (plus up to a $1500 fine) if they fail to remove such works within 30 days of a written request from anyone. No, the bill doesn’t include any other evaluation of the book; it would simply have to be removed. Good law-writing!

Just to make clear that the bill’s authors are bigots, House Bill 1205 wouldn’t just ban public libraries from owning books that include photos, pictures, or other “visual depictions” of various sex acts, but also “sexual preferences,” “sexual perversion,” sex-based classifications” (?!?), “sexual Idenitity” or “gender identity,” although the bill doesn’t define any of those terms.

The bill does at least generously include an exception for “works of art” with “serious artistic significance” and for books used in science classes, including “biology, anatomy, physiology, or sexual education classes.” What a relief!


As the AP reports, the bill’s sponsor, state House Majority Leader Mike Lefor (R), explained in a hearing Tuesday that he simply wants to protect the children from being harmed by

“disturbing and disgusting” content, including ones that describe virginity as a silly label and assert that gender is fluid.

Well gosh, we can see how those are absolutely illegal concepts in some nation that doesn’t actually have a First Amendment

Lefor argued that a child’s exposure to such content has been associated with addiction, poor self esteem, devalued intimacy, increasing divorce rates, unprotected sex among young people and poor well-being — though did he did not offer any evidence to support such claims.

You don’t need evidence to know that mocking virginity as a silly label leads to addiction. It’s just common sense. And despite the bill’s text offering a pass to works used in sex ed classes, one of the bill’s supporters singled out a couple of popular sex ed books for young people, because presumably they aren’t for classroom use?

Stark County resident Autumn Richard also spoke in favor of the bill, giving examples of explicit content in the graphic novel “Let’s Talk About It: The Teen’s Guide to Sex, Relationships, and Being a Human” and the kids’ comic book “Sex Is a Funny Word” — both available in public libraries. [Links will give Yr Wonkette a small cut of sales — Dok Zoom]

Richard argued the books might have beneficial knowledge about contraceptives, body image and abusive relationships, but many sections provide information that she said was harmful for minors.

Gay stuff, is what she meant. The Bismarck Tribune notes that Lefor also cited tiny cartoon genitals in Let’s Talk About It as a reason that no one must ever see the book in a library, let alone talk about it. The book has recently been the object of the usual screamy public comments at a local library board meeting.

“I think the content of it is disgusting, that at the very least public libraries should put it in a restricted area where (children) need to get permission from their parents to take a book out like this, but they’re offering it to junior high school kids … and when we grew up, we didn’t need things like this,” Lefor told the Tribune. “This is not a way to raise our kids, and we have to do everything we can to make sure that this doesn’t get into the hands of children, especially without their parents’ knowledge.”

In addition, a former school superintendent, Tom Tracy, called Let’s Talk About It “legally obscene” and said that he had sent a copy to the North Dakota Attorney General’s office, but he didn’t say whether the AG had shown up to arrest him for having sent obscene materials through the mails or anything.

For some reason, mostly basic literacy in US law and court decisions, critics of the bill insisted at the hearing that no matter how much the bill’s proponents call works about sex education or LGBTQ+ people “obscene” and “pornographic,” that’s not what those words actually mean. Among the killjoys was Cody Schuler of the ACLU of North Dakota, who testified against the bill.

“Nearly 50 years ago, the (U.S.) Supreme Court set the high constitutional bar that defines obscenity,” [Schuler said]

Obscenity is a narrow, well-defined category of unprotected speech that excludes any work with serious literary, artistic, political or scientific value, Schuler said. Few, if any, books have been deemed obscene, and the standard for restraining a library’s ability to distribute a book are even more stringent, Schuler added.

Okay, but what if people are really sure that a book with gay penguins really is obscene, since it will make kids wonder why the boy penguins like each other and then the children start selling themselves on the street for heroin?

Another enemy of decency, Bismarck Veterans Memorial Public Library Director Christine Kujawa, said the bill was so overly broad that it would define as “sexually explicit” a harmless little children’s book about two cute little hamsters who get married, but they’re both male.

Well yes, that’s the point. Even if there’s no randy hamstersex, that “sexual preference” stuff clearly indicated the hamsters prefer sex, unlike depictions of Dick, Jane, and Sally’s mother and father, who may be married but clearly never had sex or gender.

No votes have yet been taken on HB 1205, and it hasn’t yet been scheduled for a hearing. Lefor also said he would be open to amending his bill to allow the banned material only in a restricted area of public libraries. which is remarkable in itself: He thinks some books are so filthy that people should be jailed for making them available to the public, but on the other hand it would be OK if they were kept in one part of the library only?

Also, LOL, the Bismarck Tribuneoffers this detail on exactly how many young people may have been driven to addiction, divorce, and growing hair on their palms:

Let’s Talk About It” was in the Valley City Barnes County Public Library’s young adult section for nearly two years and was checked out twice before controversy arose recently, Library Board Member Allen Blume said. The board voted 4-1 last week to relocate the book to the regular collection. He was the lone no vote.

“This is not about the book. This is not about protecting our children. It’s about censorship,” Blume told lawmakers.

We applaud Mr. Blume’s stand for reason, and hope he has upgraded his home security, because rightwing bigots are crazy these days, the end.

[Associated Press / Bismarck Tribune]

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