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Appeals Court Weighs If Religious Employers Can Fire Trans Workers Under Federal Law

A federal appeals court is weighing a pivotal question for LGBTQ+ workplace rights: Can religious employers legally fire workers for being transgender? At the center is Ellenor Zinski, a former employee of Liberty University, who says she was fired in 2023 after disclosing she is a transgender woman undergoing medical transition.

Her lawsuit argues the termination violates Title VII’s ban on sex discrimination. The case, Zinski v. Liberty University, now sits before the Fourth Circuit Court of Appeals in Richmond, Virginia. Judges are examining whether religious doctrine can override federal workplace protections—especially for employees in non-religious roles like Zinski’s IT position. The dispute builds on the Supreme Court’s 2020 ruling in Bostock v. Clayton County, which found that firing someone for being transgender or gay is sex discrimination. However, the Court left unresolved how that ruling applies to religious employers.

Liberty University argues the firing was a religious-based employment decision, protected under the First Amendment and Title VII exemptions. Judges, however, repeatedly questioned how far that authority could extend—and whether it could impact other protected classes. Zinski, who has since left the U.S., citing safety concerns, says the case is deeply personal. A decision is expected in the coming months, with potential nationwide implications for queer workers.

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