JANUARY 2025 | Volume 3 | Number 1
“He has told you, O man, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?”
– Micah 6:8
A belated Happy New Year to you all! Welcome to the first ACCS Legal Update of 2025. In this edition, we will focus on a discrimination lawsuit filed against Liberty University in late 2024, as well as some good news regarding Title IX lawsuit State of Tennessee v. Cardona.
Zinski v. Liberty University
On July 29, 2024, the ACLU of Virginia filed a lawsuit against Liberty University on behalf of Jonathan (“Ellenor”) Zinski. The lawsuit claims that Liberty violated Title VII of the Civil Rights Act of 1964 by terminating his employment due to his coming out as a transgender woman.
Zinski was hired to work at the university’s IT helpdesk and, as terms of his employment, was required to serve a 90-day probationary period. Once the probationary period was complete, Zinski notified Liberty’s Human Resources department that he identified as a woman and had begun hormone therapy.
Additionally, upon being hired, Zinski was required to sign Liberty’s doctrinal statement, agreeing to abide by the school’s religious beliefs as a condition of employment. The doctrinal statement plainly includes the belief that “Human beings were directly created, not evolved, in the very image of God, as either biologically male or female from the womb.” Once Zinski revealed his self-identification, he was terminated as an employee on the grounds of violating
the school’s doctrinal statement.
The Liberty Counsel has taken up the university’s defense and filed a motion for dismissal on October 3rd, 2024. They argue that “Title VII of the Civil Rights Act, the First Amendment, and the Religious Freedom Restoration Act permit Liberty University to employ a workforce that is in full compliance with its sincere religious convictions, doctrine, and mission.” Additionally,
Liberty Counsel Founder and Chairman Mat Staver alleges that Zinski was attempting to “set up Liberty University” and had begun taking female hormones four months before his employment began.
Zinski is seeking punitive and compensatory damages, as well as a declaration (for legal precedent) that the university’s policy was in violation of Title VII. Zinski claims he is a devout Christian and that his transgender identity should not be grounds for termination of his employment. He stated, “Christianity has been so weaponized against the LGBTQ community, but there doesn’t need to be a conflict: you can be transgender and Christian. I am.”
Currently, the ACLU is fighting the motion to dismiss and has filed a response in opposition to Liberty’s motion to dismiss.
State of Tennessee v. Cardona
In the August 2024 Legal Update, we addressed the U.S. Department of Education’s changes to Title IX (part of the 1972 Education Amendments which specifically prohibits discrimination on the basis of sex). The prohibition applies to educational programs and activities, including athletics. The Department of Education expanded the prohibitions of Title IX to include “sexual orientation, gender identity, and sex characteristics.”
Those changes were introduced in April of 2024 and, by August, were challenged by over half of the states in the Union. On July 30th, 2024, U.S. District Judge Annemarie Axon of the Northern District of Alabama became the first judge to rule in favor of enforcement of the Biden administration’s new wording, paving the way for the Department of Education to enforce the rule in Alabama, Florida, Georgia, and South Carolina.
However, the legal challenge posed by the State of Tennessee was heard by the U.S. District Court for the Eastern District of Kentucky and, in a decision delivered on January 9th, 2025, the court overturned the Department of Education’s expansion of Title IX. The court declared, “Because the Final Rule and its corresponding regulations exceed the Department’s authority
under Title IX, violate the Constitution, and are the result of arbitrary and capricious agency action, the plaintiffs’ motions for summary judgment will be granted and the Department’s motion for summary judgment will be denied.”
Alliance Defending Freedom General Counsel Kristen Waggoner said, “This is a colossal win for women and girls across the country. The Biden administration’s radical attempt to redefine sex not only tossed fairness, safety, and privacy for female students out the window, it also threatened free speech and parental rights. With this ruling, the federal court in Kentucky rejected the entire Biden rule and the administration’s illegal actions.”
The district court decision is binding nationwide, meaning the U.S. Department of Education cannot implement the expanded Title IX requirement in any state.
Now What?
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Zinski v. Liberty University could prove to be a landmark case regarding religious freedom for Christian schools. Should the courts rule in favor of Zinski, Christian schools would be severely restricted in their hiring practices. Based upon the plain reading of Title VII of the Civil Rights Act of 1964 (particularly section 702), Zinski’s case should be dismissed. If it is, however, the case will likely be appealed to higher courts, meaning Liberty University may be in for a long and tedious legal battle.
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The attempted expansion of Title IX to redefine “sex” was a particularly aggressive attack by progressive idealogues. The district court’s decision in State of Tennessee v. Cardona is a significant win and we should thank the Lord for it.
Grace & Peace,
Brian Phillips, Ed.D.
If you are in search of legal advice for you or your school, please consider the following resources: Brotherhood Mutual and Alliance Defending Freedom
Brian Phillips is the pastor of Holy Trinity Reformed Church (CREC – Concord, NC), teaches Rhetoric at Oaks Classical Christian Academy (Albemarle, NC), and is Board Vice Chairman for New Aberdeen College. Brian has also served as the Director of Consulting for The Circe Institute, Head of Upper School at Covenant Classical School (Concord, NC), and was an adjunct faculty member of Belmont Abbey College.
Dr. Phillips has an M.A. in Theological Studies, an M.A. in Classical Studies, an Ed.D. in Classical Education, and completed paralegal training at Duke University. He is also the author/editor of several books, including Sunday Mornings: An Introduction to Biblical Worship and the Canon Classics Guides to Dante’s Inferno and the Meditations of Marcus Aurelius. Brian and his wife, Shannon, live in North Carolina with their four children and their German Shepherd, Ajax the Great.