Liberty Counsel filed a reply brief to the federal district court in Western Virginia reaffirming that the meritless lawsuit, Zinski v. Liberty University, should be dismissed. According to the brief, Liberty University terminated Jonathan Zinski’s employment as a religious decision after he manifested a belief that denies biological sex is assigned at birth by God – a “belief fundamentally contrary” to that of the university.
The First Amendment and Title VII protect the university’s religiously-based employment decisions from Zinski’s discrimination claim.
The history of this case shows that Jonathan Zinski attempted to set up Liberty University for this lawsuit, in which Zinski is represented by the ACLU. Four months before applying to Liberty, he began taking female hormones. Yet, when hired in February 2023, Zinski agreed to adhere to the university’s doctrinal position regarding the biblical understanding of gender. Liberty University’s doctrinal statement clearly states that human beings were directly created in the very image of God as either biologically male or female from the womb, and it is a sinful act prohibited by God to deny one’s birth sex by self-identification with a different gender. Zinski acknowledged all of this despite knowing that he was four months into executing his plan to act in opposition to Liberty University’s doctrinal statement and employment requirements by denying his biological sex. As his 90-day probation ended, Zinski revealed his effort to identify as a different gender and then demanded Liberty University depart from its doctrine, sincerely held religious beliefs, and Christian mission.
However, as the brief notes, both the First Amendment’s ministerial exception and Title VII entitle Liberty University to decide which employees align with its religious mission and beliefs, as well as to refrain from associating with and employing individuals who are not aligned with its distinctive Christian workplace.
“Liberty University’s decision to terminate Zinski was based on its religious values, and Title VII’s text exempts that religious decision from employment discrimination suits,” wrote Liberty Counsel. “Liberty University has the freedom not to associate with individuals, such as Zinski, whose religious beliefs and conduct are directly contrary to the vital religious mission in which Liberty University is engaged.”
Liberty Counsel concluded that Zinski’s discrimination claim “must be dismissed with prejudice” because the university’s decision was “religious, plain and simple.”
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 doctrinal statement and to employ people whose conduct is aligned to such beliefs. Jonathan Zinski violated Liberty University’s doctrinal statement and its employment requirements, and his claims should be dismissed. Zinski set up Liberty University. His attempt to undermine the university will not succeed because the law protects the ability of religious organizations to make religious decisions consistent with their mission.”
