Yesterday, the U.S. District Court of Western Virginia certified Liberty University’s appeal for expedited consideration regarding the Title VII lawsuit, Zinski v. Liberty University, acknowledging the case involves new and complex questions of law regarding religious freedom. The key question facing the court is whether Sections 702 and 703 of Title VII exempts a religious institution like Liberty University to protect its religious freedom to carry out its Christian mission.

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.

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. In February 2025, the district court refused Liberty University’s motion to dismiss the lawsuit and ordered the case could move forward to the discovery phase, which precedes a trial.

In certifying the appeal, Senior Judge Norman K. Moon noted 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. Judge Moon had previously 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.”

Judge Moon noted this is “no ordinary question” and there could be different outcomes of the appeal. 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.

Liberty Counsel Founder and Chairman Mat Staver said, “The appeal certification allows 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.”