Liberty University filed a notice of appeal to the Fourth Circuit Court of Appeals after a federal judge refused to dismiss the meritless Title VII lawsuit, Zinski v. Liberty University. Liberty Counsel also filed an accompanying motion stating that since its dismissal request involves questions of law for which there could be substantially different opinions, the appeal should qualify for expedited consideration.

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.

U.S. District Judge Norman Moon ordered that the case could move forward to the discovery phase, which precedes a trial. In his decision, Judge Moon said it was unclear under current law whether a religious institution who terminates a gender-confused employee for violating its religious doctrines is discriminating on the basis of religion. Judge Moon also recognized that after the Supreme Court’s decision in Bostock v. Clayton County, neither the Fourth Circuit nor the Supreme Court have clarified the interplay between Title VII’s statutory exemptions for religious institutions and individuals claiming to be “transgender.”

Liberty Counsel will press both the Fourth Circuit and, if necessary, the Supreme Court to recognize what the First Amendment and Title VII both require—that Liberty University is permitted to maintain its religious beliefs and practices and to require its employees to comport their lives with Liberty University’s Doctrinal Statement and religious beliefs. Liberty Counsel will argue on appeal 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. In whatever way the Court of Appeals rules, this case has the potential for review by the U.S. Supreme Court. 

Liberty Counsel Founder and Chairman Mat Staver said, “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. Title VII makes it abundantly clear that Liberty University does not violate the law when it discharges an employee who has publicly engaged in conduct inconsistent with its religious principles. Title VII exempts Liberty University from having to employ individuals who violate its religious beliefs and doctrinal positions.”