LYNCHBURG, Va. – Liberty University has filed a new appeal in an ongoing discrimination case, defending its decision to terminate a transgender employee who came out after being hired at the institution.
The religious university submitted a reply brief to the Fourth Circuit Court of Appeals this week, arguing that federal law protects its right to terminate employees who don’t adhere to its doctrinal statement.
Ellenor Zinski began working at Liberty University’s IT helpdesk in February 2023. In June of that year, she informed the university’s Human Resources department about her transgender identity and requested to be addressed by her new name. The university terminated her employment one month later.
According to the American Civil Liberties Union (ACLU), the termination letter cited a violation of Liberty’s doctrinal statement, specifically for “denying biological and chromosomal sex assigned at birth.”
The ACLU of Virginia filed a lawsuit on Zinski’s behalf, contending that the termination constitutes illegal sex discrimination under Title VII of the Civil Rights Act.
Mat Staver, founder of Liberty Counsel, emphasized the case’s broader implications. “This case is very important for not only the university but for any religious organization, any faith-based institution that has the right under federal law and the constitution to be able to have employees that abide by and are consistent with their doctrinal statement,” Staver said.
In its reply brief, Liberty University cites Title VII Section 702, which they argue allows religious organizations “to terminate an employee whose conduct or religious beliefs are inconsistent with those of its employer.”
The ACLU maintains that religious beliefs don’t supersede federal law. Wyatt Rolla, ACLU-Virginia’s senior transgender rights attorney, stated, “Liberty University has admitted it fired Ellenor because of her gender identity, which is illegal sex discrimination no matter what religious beliefs Liberty may say it holds. Religious beliefs do not exempt an employer from federal law that protects all employees against being fired for their gender.”
John Fishwick, former United States Attorney for the Western District of Virginia, characterized the case as “a showdown of basically two constitutional rights.” He suggests the case could reach the Supreme Court.
“Clearly each side is very invested in this case because they each know they have a strong legal right,” Fishwick explained. “The employee says that the Supreme Court has said you cannot fire somebody because they’re transgender. Liberty says, look, we’ve got real powerful rights under the Constitution and under federal law of our religious freedom. And so that’s where the clash is going to come.”
The case is currently pending in the Fourth Circuit Court of Appeals. If either party appeals to the Supreme Court, a decision could be expected sometime next year.