A contentious national discussion regarding the rights of transgender individuals is manifesting in the form of a federal lawsuit in Virginia, initiated by a former employee of Liberty University who was dismissed after revealing her identity as a transgender woman. The lawsuit, representing Ellenor Zinski, was brought forth in July by the American Civil Liberties Union (ACLU) of Virginia alongside the Richmond law firm Butler Curwood. It claims that she was let go from her role at Liberty’s Information Technology help desk last year purely based on her gender identity, which allegedly infringes on the stipulations of the U.S. Civil Rights Act of 1964.
Just recently, the Liberty Counsel, a legal organization with conservative roots, submitted a brief supporting the university’s position, pushing for the dismissal of the lawsuit. Their argument emphasizes that the Civil Rights Act permits religious educational institutions to make employment choices aligned with their religious tenets. The university’s doctrinal statement, they claim, indicates that “denial of birth sex by self-identification with a different gender” is a sin, thus justifying Zinski’s termination.
Liberty University, located in Lynchburg, Virginia, has developed over the course of its fifty-plus years into one of the largest Christian universities worldwide, boasting an enrollment exceeding 100,000 students across both its residential and online programs. One of its co-founders was the notable televangelist Jerry Falwell Sr., and his son, Jerry Falwell Jr., led the university for 13 years until stepping down in 2020 amid a series of controversies.
In their legal brief, Liberty Counsel asserts that Zinski deliberately tried to create a scenario to entrap the university, claiming she applied for an IT position four months after beginning hormone therapy and subsequently agreed to abide by the institution’s policies rejecting gender transition – this occurred when she accepted the job offer in February 2023. The brief argues that after completing a 90-day probation period, Zinski then alerted the university regarding her transition and asked them to deviate from their doctrine, framing this as a setup to instigate the lawsuit.
Mat Staver, the founder and chairman of Liberty Counsel, stated, “All of this was done to set Liberty up and attempt to make an example out of the university for standing its ground.” However, Wyatt Rolla, a senior attorney for the ACLU of Virginia specializing in transgender rights, denied these allegations of intent, stating that Zinski’s objective was to excel at her job and fulfill all of her responsibilities.
Zinski, who is now 30, recalls her upbringing in a conservative Christian household, alongside attending a Christian high school. She expressed enthusiasm for the opportunity at Liberty University, hoping it would embrace her post-transition. After her probationary period, she received positive feedback regarding her performance, reinforcing her desire to advocate for LGBTQ+ individuals within the institution.
In a letter to the university in July 2023 outlining her transition, Zinski emphasized her Christian faith as a pivotal element during this phase of her life. She acknowledged that societal views on the transgender community had added an element of anxiety to her journey but remained optimistic about the potential for mutual understanding.
Following her notification of the transition, Zinski faced a period of extreme anxiety due to a lack of immediate response from the university. A month later, she was called in for a meeting with human resources, where she was informed of her termination. The rationale provided was read aloud to her, citing “active and unrepentant patterns of sin” as a fundamental reason for her dismissal in accordance with the university’s Christian values.
Zinski managed to secure a similar IT help desk position at the University of Lynchburg, a smaller private institution affiliated with the Christian Church (Disciples of Christ) and noted for its inclusive community. She expressed feeling supported by her colleagues and is actively involved with Trinity Episcopal Church, where she found validation and acceptance regarding her identity.
The next step in the legal process will be the ACLU of Virginia filing a counter-brief against Liberty Counsel’s motion to dismiss. A lawyer representing Liberty Counsel indicated that a hearing on this motion could occur soon, with decisions potentially made before the year ends. However, the case might extend for a longer period, possibly reaching the U.S. Supreme Court, depending on the outcomes of any appeals.
Schmid, a lawyer with Liberty Counsel, referenced the “ministerial exception,” which provides religious organizations certain protections from anti-discrimination claims regarding roles tied to ministry. He further asserted that Liberty considers all employees, including those in IT and janitorial roles, as ministers of the Gospel, claiming First Amendment rights protect this designation.
Zinski’s lawsuit seeks both compensatory and punitive damages totaling $300,000, as well as a judicial declaration that the university’s actions breached Title VII of the Civil Rights Act. She mentioned a lack of interest in returning to Liberty University under its current administration, expressing concern over the potential unwelcoming atmosphere should she choose to do so.
“I would not feel comfortable enough to work there,” Zinski stated, articulating her fears regarding acceptance within the institution.
