Liberty University Requests Fourth Circuit Accept Title VII Appeal

In July 2023, Liberty University terminated Jonathan Zinski after he flagrantly and intentionally violated Liberty University’s doctrinal statement and policies regarding the biblical understanding of gender. When Zinski was hired, he acknowledged and affirmed the doctrinal statement, but then as soon as his 90-day probation period expired he revealed he had begun taking female hormones four months before he was hired, and that he planned to “identify” as female. Zinski set up this case when he applied to be hired.

Normally, the process to appeal a court case begins after a trial when judgment has been rendered by the court. An exception to this process allows for an expedited appeal before a trial to address a “controlling question of law” where there could be “substantial” differences of opinion by the courts. In this case, while Senior Judge Norman K. Moon ordered Zinski’s claims could move forward to the pre-trial phase of discovery, he also certified the expedited appeal noting the case presented “no ordinary question” which could lead to different answers and outcomes.

Judge Moon wrote that Zinski’s “sole claim” invokes Title VII sex discrimination raising the question of whether Liberty University is exempt from sex discrimination in order to uphold its religious doctrines.

He stated if the higher court finds that Title VII exempts Liberty University from sex discrimination, then it would be “wholly immune” from this lawsuit. He stated such a ruling could lead to the possible ending of the case saving Liberty University significant pre-trial effort and expense.

In the brief, Liberty Counsel argues that federal law protects religious institutions to uphold their sincere Christian beliefs and to employ those who are aligned with its mission and beliefs. The brief noted that the U.S. Supreme Court’s decision in Bostock v. Clayton, which concluded federal anti-discrimination law includes gender identity despite no textual reference to it, left undecided the interplay between Title VII’s statutory exemptions for religious institutions and claims brought by individuals claiming to be “transgender.” Bostock specifically left that decision for “future cases.”

Here, that “future” Title VII defense Bostock referred to is now before the court, wrote Liberty Counsel.

Liberty Counsel Founder and Chairman Mat Staver said, “Liberty Counsel is requesting the Fourth Circuit to accept the appeal’s certification and allow Liberty University to appeal this critically important question of religious freedom which can result in controlling the outcome of the case. Zinski intentionally and deceptively set up Liberty University in an attempt to undermine its religious beliefs and mission. Title VII exempts Liberty University from having to employ individuals who violate its religious beliefs and doctrinal positions.”