Once upon a time, the American Civil Liberties Union claimed to defend the US Constitution. These days, with a few rare exceptions where they accidentally defend it, they represent legal challenges to undermine it. Today’s example is viewed by many as a trap meant to create a discrimination lawsuit with the hope of establishing a favorable precedent.
“Liberty University officials read a termination notice aloud to Ellenor citing ‘denying biological and chromosomal sex assigned at birth’ as the basis for her termination, stating a conflict with Liberty’s Doctrinal Statement that names ‘denial of birth sex by self-identification with a different gender’ as a ‘sinful act prohibited by God,’” explained an ACLU statement about the case.
Zinski was hired by the university in February 2023, then in July, just a few months later, he sent an email informing the school that he identified as a trans woman, had been undergoing hormone replacement therapy (‘HRT’), and intended to legally change his name from Jonathan to Ellenor.
“As a result, Liberty terminated Zinski’s employment because his decision to identify as transgender conflicted with the university’s Doctrinal Statement that names ‘denial of birth sex by self-identification with a different gender’ as a “sinful act prohibited by God,” explained the Washington Stand’s Dan Hart.
The ACUL believes it has a case of employment discrimination because “Workplace discrimination against transgender people is against the law, and it’s especially telling that Liberty University sees a practicing Christian’s gender identity as so antithetical to its mission that it was willing to flout the law in order to cast out one of its own.” Sadly for the ACLU, religious Liberty came first and is protected in a higher-order document. The US Constitution trumps legislated acts that infringe its enumerated protections. The problem for Liberty U is a world filled with judges who can’t seem to figure that out or are afraid that the Gaystapo might turn their lives into hell on earth.
The ACLU has deep pockets, so a trip to the top of the Judicial food chain is not beyond them, but Liberty is not without friends and resources.
“This looks like a set up to me,” observed Tony Perkins, President of the Family Research Council in Washington, D.C. in a Washington Watch YouTube post.
“Will religious institutions be forced to violate their authentically held, biblically-based beliefs?” asked Perkins.
This case will likely be bumping around the courts for years to come, during which time it would be cool to see the ACLU represent some straight white guy who was turned down for a job or fired because he wasn’t gay or dark-skinned.
