LYNCHBURG Va., (WSET) — Oral arguments were delivered to the Fourth Circuit Court of Appeals on Tuesday in a lawsuit involving Liberty University and a former transgender employee.
Former Liberty employee, Ellenor Zinski, hired as Jonathon, sued the university in 2024 after being fired for coming out as transgender in 2023. This was after Zinski signed a doctrinal statement affirming the school’s beliefs.
On Tuesday, judges heard arguments from Liberty Counsel, which represents Liberty University, and the American Civil Liberties Union (ACLU), which represents Zinski.
During the hearing, the ACLU argued that Zinski’s job does not fall under the “ministerial exception,” which allows religious institutions to make certain employment decisions without discrimination laws applying when roles are religious in nature. They said her position was not a direct messenger of faith and should be protected from workplace discrimination.
“There’s a protected class of people who are the messengers of faith who do the religious duties, but for their groundskeepers, for their janitors, for their IT apprentices, they are still subject to federal law,” Matthew Callahan, with the ACLU, argued to the court.
Liberty Counsel founder and chairman, Mat Staver, argued the exception applies to Zinski.
“The ministerial exception has been broadened beyond pastors, clergy, rabbis, to other individuals that perform what’s called a ministerial function. We believe in the IT department that’s exactly what Zinski performs. And so, Liberty’s decision was clearly protected by the First Amendment,” Staver said.
RELATED: Liberty University cites religious freedom in firing transgender employee, seeks dismissal
Former U.S. Attorney and owner of Fishwick and Associates Law Firm, John Fishwick, said Tuesday’s arguments reflect a constitutional clash.
“It’s basically a constitutional showdown between two rights. The right to protect yourself from discrimination in the workplace versus Liberty’s right to religious freedom and the way to conduct their school,” Fishwick said.
The ACLU was unavailable for an interview today to speak with ABC13 about their reaction to the arguments, but released a press statement on their website.
In this photo provided by the ACLU of Virginia, Ellenor Zinski stands for a portrait in front of a “You Matter” mural near the entrance to Blackwater Creek Trail, one of her favorite hiking trails in Lynchburg, Va., on Oct. 5, 2024. (Phuong Tran/ACLU of Virginia via AP)
In that statement, ACLU of Virginia Senior Transgender Rights Attorney Wyatt Rolla is quoted as saying,” No matter what their religious beliefs, no employer can sidestep federal protections for workers. No one, including transgender employees, should be fired because of who they are.”
Staver emphasized that religious organizations have the right to make employment decisions like Liberty’s.
“The reason for that goes back to this church’s autonomy. This First Amendment protection that has been there since the founding of the country,” Staver said.
Both Staver and Fishwick are confident that the court’s decision will take months, and no matter which way they rule, it will be appealed to the U.S. Supreme Court.
ABC13 will keep you updated as the case progresses.
