LYNCHBURG, VA – Can a religious university fire an employee for transitioning? That’s the question now before the U.S. Court of Appeals for the Fourth Circuit.
It’s a case drawing national attention — and one that could ultimately land before the Supreme Court. The decision could reshape workplace protections across the country.
It’s the case of Zinski v. Liberty University.
At the center: Liberty University and former employee Ellenor Zinski, who says she was fired after coming out as transgender.
Her attorneys argue that decision amounts to illegal discrimination.
“You can’t take an employment action to discriminate,” ACLU Attorney Matthew Callahan said during the hearing on Tuesday.
But in arguments before the appeals court, Liberty’s attorneys pushed back — saying the decision wasn’t about discrimination at all. Instead, they argue it was about protecting the university’s religious beliefs.
“The order below should be reversed. Because Title VII, the First Amendment and RFRA protect Liberty University’s religious-based employment decision,” Founder of Liberty Counsel Mat Staver said.
Judges on the panel quickly pressed both sides, questioning just how far those religious protections can go.
“What’s the scope of religious organizations or religious affiliations that would be subjected to this?” Judge Quattlebaum asked.
Former U.S. Attorney John Fishwick says the stakes are high — not just for Zinski and Liberty University, but for employees and religious institutions nationwide.
“I fully expect this case to go to the United States Supreme Court,” Fishwick said.
“What kind of impact are we looking at here, regardless of the decision that’s made?” 10 News Anchor Abbie Coleman asked.
“It centers on significant rights under our Constitution. On the one hand, you have the right to be free from discrimination in the workplace because of your sexual orientation or sex. On the other hand, employers say that ‘we have certain religious rights when we’re a school’, like Liberty, that has certain religious tenets that all employees are subject to. So it’s a real constitutional showdown,” Fishwick said.
Fishwick says the case isn’t going to be over anytime soon.
“Either side who loses with the Court of Appeals can ask the United States Supreme Court to take this case. They don’t have to take the case, but I think since it raises such significant issues, they will take the case,” Fishwick said.
There’s no word yet on when the Court of Appeals will issue a ruling, but it’s expected to take several months.