‘Transgender’ Employee’s Lawsuit Against Liberty University Moves Forward

A federal court ruled that a sex discrimination lawsuit against Liberty University can move forward. The school fired a transgender-identified employee who violated the university’s Christian beliefs about sex and sexuality.

The former employee, Jonathan Zinski, who now goes by the name Ellenor, believes, “You can be transgender and Christian. I am.”

Zinski started taking female hormones even before he was hired by the Christian school and agreed to Liberty’s doctrinal position which states that “denial of birth sex by self-identification with a different gender” is a sinful act “prohibited by God.”

The American Civil Liberties Union of Virginia and Butler Curwood, PLC filed a lawsuit on behalf of Zinski, alleging the school violated his Title VII employment rights.

ACLU of Virginia Senior Transgender Attorney Wyatt Rolla, who was born female but is transgender-identified, said in a statement:

Liberty Counsel, a Christian legal aid nonprofit, is representing the school. Founder and Chairman Matt Staver sharply disagreed.

“Liberty University has the right under the First Amendment and Title VII of the Civil Rights Act to uphold its sincere Christian religious beliefs and require its employees to do the same. Jonathan Zinski intentionally and deceptively set up Liberty University in an attempt to undermine its religious beliefs and mission.”

Zinski’s lawsuit states he was hired to work at the university’s IT Helpdesk in February 2023. Four months later, Zinski told the school’s Human Resources Department that he “identified as a trans woman, had been undergoing hormone replacement therapy (HRT), and intended to legally change [his] name from Jonathan to Ellenor soon.”

According to Liberty Counsel, when Zinski was first hired, he “agreed to adhere to the university’s doctrinal position regarding the biblical understanding of gender.”

But he was violating that agreement even before working for the school, as Liberty Counsel explained:

Despite the fact that Zinski signed the belief statement while already on opposite sex hormones, the ACLU of Virginia claimed, “Ellenor is a devout Christian who is committed to Liberty’s mission of ‘preaching Christ,’” adding,

“Today she is an active member of her local church, Trinity Episcopal, whose pastor fully supported her transition, even providing gender-affirming clothing.”

In his opinion allowing the case to go forward, U.S. District Judge Norman K. Moon for the Western District Of Virginia relied on the U.S. Supreme Court’s Bostock decision, writing, “Sex is the criterion at issue here. In Bostock v. Clayton Cnty., Ga., the Supreme Court of the United States held that the term ‘sex’ as used in Title VII encompasses sexual orientation and transgender status.”

When Congress passed that act, Americans understood that “sex” meant being male or female – not homosexuality or transgenderism. These identities, based on a person’s thoughts, feelings and behaviors, are now viewed as an intrinsic part of human identity. As Rolla stated, it’s “who they are.”

Judge Moon opined that it didn’t matter what Congress meant when it passed the Civil Rights Act, saying, “Words change with time, thereby placing prior Congresses’ views of the present situation beyond our reach.” 

One wonders if the meaning of other words has “changed with time,” such as those in the Bill of Rights’ First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

While religious non-profit organizations, like Liberty University, typically have a ministerial exemption based on the First Amendment, the judge found “that it does not apply in this case,” adding, “Zinski was not a minister under any formula. The ministerial exception does not provide an affirmative defense to liability at this stage of litigation.”

When the Supreme Court redefined “sex” in Bostock to mean something it had never meant before, Justice Samuel Alito, in his dissent, harshly rebuked the majority opinion at every turn:

Liberty Counsel said it will appeal the case, arguing “that federal law protects religious institutions to uphold their sincere Christian beliefs and to employ those who are aligned with its religious mission and beliefs.”

Let’s pray they prevail, as Zinski v. Liberty University has important implications for churches, religious schools and ministries. The Daily Citizen will keep you updated as the case moves through higher courts.

Related articles and resources:

The Bostock Slippery Slope: Girls Who Think They’re Boys Must Be Allowed to Use High School Boys’ Restroom, Appeals Court Rules

EEOC Releases Major Guidance Ending Many Workplace Protections for Women

Federal Judge Blocks Administration’s Attempt to Impose Gender Ideology on Employers, Healthcare Providers

Federal Judge Dismisses Lawsuit Attacking Faith-based Schools

New Post-Bostock Lawsuit Would Force Doctors to Perform ‘Gender-Transition’ Surgeries Against Their Medical Judgment

‘Not Only Arrogant, But Wrong’: Justice Alito Slams SCOTUS Majority for Redefining ‘Sex’

President Trump: ‘There are Only Two Genders: Male and Female’

Politicians and Religious Conservatives React to Landmark SCOTUS Ruling on Employment Discrimination

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