In 2023, Liberty University fired a transgender employee saying their lifestyle went against the private, evangelical Christian school’s theological teachings. That employee sued and the lawsuit was okayed. But a federal appeals court in Richmond heard the Lynchburg school's argument against that result Tuesday.
When is it okay for a church or faith-based organization to fire an employee if their actions go against the employers deeply held religious beliefs? That was the question before a federal appeals panel Tuesday – with Liberty University on the defensive.
“Courts have to be careful not to debate or second guess deeply held religious beliefs," argued Mathew Staver with Liberty Counsel, on behalf of Liberty U.
At issue is the employment of Ellenor Zinski, an information technology employee who announced her transition and was then terminated.
“What we have are two individuals, one who admits is not a co-religionist to Liberty’s faith, wants to change Liberty's faith,” Staver said.
Among Zinski's arguments was her faith supported her transition even if Liberty's did not.
But for ACLU attorney Matt Callahan, the question was about something called the "ministerial exception."
“There’s a protected class of people who are the messengers of the faith, do the religious duties here,” Callahan said, explaining what the exception includes. And, according to Callahan it should not apply to other employees that are not ministers: “The groundskeepers, for their janitors, for their IT apprentices; they’re still subject to federal law.”
Liberty and its supporters argued in legal filings the ministerial exception ends where the church says it does and the courts don’t have the authority to question that decision.
Circuit Judge James Wynn asked if there were limits on that religious doctrine principal: “Could it be in white supremacist mode and say, ‘only white people can come?’”
“Unlike sex, you have a specific constitutional amendment that comes into play with race,” Staver replied.
Those constitutional protections for sex-based discrimination were weakened when the nation’s highest court ruled against abortion protections in Dobbs.
The court did not say when they would issue a ruling however it did say the U.S. Supreme Court was likely to give a final answer to the question eventually.
