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Liberty University is suing a former IT employee who was fired after coming out as transgender
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Liberty University is suing a former IT employee who was fired after coming out as transgender

The bitter national debate is over transgender rights plays out on a very personal level in a federal lawsuit filed in Virginia by a former Liberty University employee. She was fired from the evangelical Christian school after revealing her identity as a transgender woman.

The process on behalf of Ellenor Zinski was filed in July by the American Civil Liberties Union of Virginia and the Richmond law firm of Butler Curwood. It claims she was fired last year from her job at Liberty’s information technology help desk solely because of her gender identification, in violation of the US Civil Rights Act of 1964.

Earlier this month, the conservative legal organization Liberty Counsel filed a patent on behalf of the university, asking the federal district court to dismiss the suit. The brief argues that the Civil Rights Act explicitly allows religious educational institutions to make hiring decisions consistent with their religious doctrine—in this case, a doctrinal statement that “denial of birth sex by self-identification with a different gender” is sinful .

Liberty University, based in Lynchburg, Virginia, has evolved over its five-decade history into one of the largest Christian universities in the world, with more than 100,000 students enrolled in its residential and online programs. One of its co-founders was the late Jerry Falwell Sr., the prominent televangelist and conservative activist; his son Jerry Falwell Jr.he served as president for 13 years before stepping down in 2020 amid a series of personal scandals.

The filing by Liberty Counsel alleges that Zinski tried to “set up” the university by applying for an IT job four months after she started taking female hormones, but agreeing — when offered the job in February 2023 — to join to the school’s statement rejecting transgender people. transition.

It was only after a 90-day trial period ended that Zinski notified the university of the gender transition process and then asked the school “to depart from its doctrine and mission,” Liberty Counsel said in an effort to dismiss the lawsuit.

“All of this was done to establish Liberty and try to make an example of the university to maintain its place,” argued Mat Staver, founder and president of Liberty Counsel.

Wyatt Rolla, senior transgender rights attorney for the ACLU of Virginia, rejected the charter request.

“It’s strange to disparage Ellenor for what turned out to be a genuine concern with employment discrimination,” he said. “Her intention was to be a very successful employee for Liberty who continued to meet all of her obligations.”

The trans woman suing Liberty had grown up admiring the university

Zinski, 30, says she was raised a conservative Christian, attended a Christian high school and took the job at Liberty hoping the university — which she had admired — would accept her even after learning about her transition. them. She received a positive performance review after her probationary period ended.

“I was really hoping that they would work with me … that I could be myself,” she told The Associated Press. “I was hoping to be able to support queer people. We need Jesus as much as anyone else.”

In her July 2023 letter to the university disclosing her transition, Zinski emphasized that her Christian faith “has been a guiding force throughout this process.”

“The public discourse surrounding the transgender community imbued my journey with a degree of trepidation,” she wrote. “However, I hope that with your support and understanding, we can navigate this process with sensitivity and respect for all parties involved.”

Zinski received no immediate response to her letter, which she described as intense anxiety.

After four weeks, she inquired about the status of her case and was promptly summoned to a meeting with Liberty human resources officials to be told she was being fired. At the meeting, a long email explaining the reason for the dismissal was read aloud to him.

“Active and unrepentant patterns of sin, including sinful behaviors regarding sexual expression and/or gender expression, would be incompatible with our Christian workplace,” the email said.

What’s next for Ellenor Zinski – and her trial?

Within months of being fired, Zinski was able to land a similar IT help desk job at Lynchburg University, a small, private university. It is affiliated with the Christian Church (Disciples of Christ), a mainline Protestant denomination, and describes the spiritual life on campus as “inclusive and open”.

“A lot of people at work support me,” Zinski said.

He also found support as an active member of Trinity Episcopal Church in Lynchburg. At Trinity, she says, she was first assured that “God made me this way.”

The next formal step in the case will be the filing of a brief by the ACLU of Virginia opposing Liberty Counsel’s motion to dismiss the lawsuit.

Daniel Schmid, a Liberty Counsel attorney working on the case, said there will likely be a hearing — and perhaps a decision — on the motion to dismiss before the end of this year. However, the case could linger well beyond that, he said, if there are appeals that eventually go to the U.S. Supreme Court.

In a telephone interview with the AP, Schmid alluded to the so-called “ministerial exception” — which gives religious institutions protection from anti-discrimination lawsuits related to ministerial jobs.

Even with IT staff and caretakers, Schmid said, “Liberty considers them ministers of the gospel. The First Amendment protects their right to make that appeal.”

The suit seeks $300,000 in compensatory and punitive damages on Zinski’s behalf, as well as a declaration that the university’s handling of the case violated Title VII of the Civil Rights Act.

Zinski told the AP he has no desire to return to work at Liberty, at least under its current leadership.

“My biggest fear if I ever go back is knowing that there are people who don’t want me there at all,” she said. “I wouldn’t feel comfortable enough to work there.”

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