Liberty University previously filed a notice of appeal to the Fourth Circuit Court of Appeals after a federal district court did not dismiss the Title VII lawsuit, Zinski v. Liberty University. The court, did, however, state that this case presents novel issues that have not been directly decided by the Fourth Circuit Court of Appeals or the U.S. Supreme Court. 

Liberty Counsel also filed a motion in the district court requesting that the interlocutory ruling be certified to appeal immediately rather than having to wait for the final disposition of the case for these central legal issues to be decision. The district court agreed, and certified the key question facing the court, namely whether Sections 702 and 703 of Title VII of the Civil Rights Act of 1964 exempts a religious institution like Liberty University to protect its religious freedom to carry out its Christian mission.

The filing today with the Fourth Circuit Court of Appeals presents the lower court’s certification on the legal questions and requests that the appeal now proceed with briefing on the merits. 

In July 2023, Liberty University terminated Jonathan Zinski after he flagrantly and intentionally violated Liberty University’s doctrinal statement and policies regarding the biblical understanding of gender. When Zinski was hired, he acknowledged and affirmed the doctrinal statement, but then as soon as his 90-day probation period expired he revealed he had begun taking female hormones four months before he was hired, and that he planned to “identify” as female. Zinski set up this case when he applied to be hired. 

Liberty Counsel Founder and Chairman Mat Staver said, “Liberty University is one step closer to having the critical legal question addressed by the Fourth Circuit Court of Appeals and eventually the U.S. Supreme Court. 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 require its employees to do the same. Jonathan Zinski intentionally and deceptively set up Liberty University in an attempt to undermine its religious beliefs and mission. Title VII exempts Liberty University from having to employ individuals who violate its religious beliefs and doctrinal positions.”