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6d ago

Liberty University Asks Fourth Circuit to Dismiss Transgender Firing Suit on Religious Grounds

The appeal turns on whether a religious university may enforce a doctrinal code against an employee who came out as transgender without violating federal sex-discrimination law.

Ellenor Zinski, who was hired by Liberty University as a man named Jonathan, says the school violated the Civil Rights Act. The reply brief filed by Liberty Counsel argues that, as a Christian employer, it is within its rights and cited religious freedom. Liberty is private, evangelical university in Lynchburg, Virginia. (STEVE HELBER/AP FILE)
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Overview

  • Liberty Counsel filed a reply brief asking the Fourth Circuit to drop Ellenor Zinski’s Title VII case, arguing the school can require employees to abide by its doctrinal statement.
  • Liberty’s filing cites Title VII’s religious-employer exemptions, the First Amendment, and the Religious Freedom Restoration Act as bases for dismissal.
  • Zinski, represented by the ACLU of Virginia, alleges illegal sex discrimination and says the university acknowledged firing her because of her gender identity.
  • In February, U.S. District Judge Norman K. Moon ruled for Zinski, finding her continued employment did not significantly burden the university’s religious mission.
  • The appeals court permitted Liberty to proceed in May and is expected to hear arguments in the coming weeks, with both sides acknowledging the case could ultimately reach the Supreme Court.