Counsel for Liberty University is asking the Fourth Circuit Court of Appeals to drop a lawsuit from a former employee who is accusing the university of transgender discrimination. The Christian university argues it has the right to fire someone who goes against its doctrinal statement.

The case of Zinski v. Liberty University started when Ellenor Zinski sued the private, evangelical university in Lynchburg, Virginia, for firing Zinski when the female-identifying biological male began to transition.

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Liberty Counsel filed a reply brief on Tuesday, specifically arguing that as a Christian employer, Liberty University has the right to employ only people who abide by its doctrinal statement, which all employees sign at the time of hiring. Mat Staver, Liberty Council founder and chairman, aims to prove to the courts that Zinski baited the university into the lawsuit by intentionally violating the doctrinal statement as well as policies regarding the biblical understanding of gender.

“Zinski intentionally and deceptively set up Liberty University to undermine its religious beliefs and mission,” Staver said. “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. That means, no faith-based employer will survive. But this is precisely the reason we have exemptions for religious employers and educational institutions in federal law which are inspired by the First Amendment.”

Liberty University’s motion to dismiss argues that Sections 702 and 703 of Title VII, the First Amendment, and the Religious Freedom Restoration Act give an exemption for religious schools to hire employees based on religion. 

In 2023, the former employee admitted to waiting until after the 90-day probationary period before disclosing in an email that Zinski had begun taking female hormones four months before starting the job.

The university told Zinski it believes in God’s design for males and females, as described in the doctrinal statement all employees must sign and agree to uphold during the hiring process. It also said, “Liberty does not believe such identification and flexibility is either necessary or appropriate in its workplace.”

The initial complaint from Zinski claimed Liberty University’s firing amounts to “sex discrimination.” The lawsuit supported by the American Civil Liberties Union claims Liberty University’s termination of an employee for being transgender is a violation of Title VII because it discriminates on the basis of sex.  

In February, U.S. District Judge Norman K. Moon ruled in favor of Zinski. The former President Bill Clinton appointee wrote that Zinski’s employment at Liberty University does not interfere with the school’s religious views.

“Liberty’s continued employment of Zinksi does not significantly burden Liberty’s ability to maintain its views and associate for its expressed purposes,” Moon wrote in his opinion. “The only inference that we can draw for Liberty is that Liberty may be seen as a hypocrite for employing a transgender person when it opposes transgender identity; but the same could be said for Liberty’s employment of any other type of person who ‘sins’ despite Liberty’s opposition to sin in general.”

On May 23, the Fourth Circuit Court of Appeals permitted Liberty University to appeal the lawsuit. The Title VII, First Amendment, and the Federal Religious Freedom Restoration Act arguments will all be heard before the Federal Court of Appeals. 

If appeals continue, Liberty Counsel says it will press on to the Supreme Court. If the case makes it to the high court, the justices will have to decide whether religious rights or transgender rights prevail.

“I believe this case will finally end up at the U.S. Supreme Court, and I’m praying for ultimate victory,” Staver said. “Anything less would be catastrophic for religious freedom.”

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“I hope that standing up to Liberty will show that they cannot do this to anyone else,” Zinski told local Lynchburg news station WSET. “I don’t want anyone to ever have to experience what I did.”

According to the lawsuit, Zinski wants a payout of $300,000 in compensatory and punitive damages, plus back-pay, reimbursement for attorney’s fees and costs, and for Liberty University to make a statement saying it violated Title VII in handling Zinski’s employment and firing.