Liberty Seeks Dismissal of Trans Termination Lawsuit Citing Religious Freedom
RICHMOND, Va. — Liberty Counsel has filed the opening brief to seek dismissal of a wrongful termination case brought by a former Liberty University employee who hid his steps to transition and identify as a female during the hiring process.
Jonathan Zinski was hired in February 2023 as an Information Services apprentice at the IT Helpdesk, a job through which he was required to interact face-to-face with students and staff needing technical assistance.
According to the brief, shortly after a 90-day probationary period ended, Zinski participated in a review with Liberty officials. Ten days after that, he informed the school he identified as a trans woman, had been undergoing hormone replacement therapy before his employment, and would be changing his first name to Ellenor. Zinski stated that he still felt he could continue advancing Liberty’s mission, despite the transitioning process contradicting the school’s employee requirements.
That August, Zinski was terminated from his position for being in violation of Liberty’s sincere religious convictions and doctrinal statement, the brief states.
A letter from the school to Zinski explained that “[e]mploying a person who takes the measures you describe to deny the biological and chromosomal sex God assigned at birth would not be consistent with Liberty’s values or advance its religious mission.”
Zinksi, who filed his complaint in July 2024, was reminded in the letter that he had received a copy of the doctrinal statement. Furthermore, he had acknowledged and accepted that his employment included adherence to Liberty’s “religious doctrine.”
Liberty’s motion for dismissal was denied by a district court. However, the university moved the court to certify a decision for interlocutory appeal, which allowed the case to be heard by the Fourth Circuit Court of Appeals.
Zinksi’s lawsuit claims a violation of Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex or national origin.
Liberty Counsel is countering that exemptions within Title VII join the First Amendment’s ecclesiastical exception doctrine and protections in the Religious Freedom Restoration Act to shield the university regarding employment decisions that are based on religion.
“The law allows Liberty University to determine its religious beliefs and to require employees to act consistent with those beliefs,” said Mat Staver, Liberty Counsel founder and chairman. “Zinski intentionally and deceptively set up Liberty University to undermine its religious beliefs and mission.
“The implications of this case extend far beyond Liberty University. If a single employee can demand that its faith-based employer abandon its religious beliefs to conform to the employee’s worldview, then religious freedom has no meaning. No faith-based employer will survive. But this is precisely the reason we have exemptions for religious employers and educational institutions in federal law and as protected under the First Amendment.”
This article has been republished courtesy of Baptist Press.
Scott Barkley is chief national correspondent for Baptist Press.