Gay teacher Michael Califano reaches 'settlement in principle' with Diocese of Rockville Centre after alleged illegal firing
Teacher Michael Califano outside St. Agnes Cathedral in Rockville Centre in December. Credit: Howard Schnapp
A gay teacher who alleged he was illegally fired from Maria Regina School in Seaford has agreed to a "settlement in principle" of his federal civil rights lawsuit against the Diocese of Rockville Centre and school, court records show.
The lawsuit from Michael Califano, 27, of Wantagh, said he was fired last year from his job teaching third grade at the Catholic school after pictures of him kissing his longtime boyfriend were shared with church leadership.
Attorneys for Califano declined to say if the proposed agreement, which still has to be finalized, allows him to return to teaching at the school. But Brendan Tighe, one of his attorneys, on Monday released what he called a joint statement from both sides about progress in the case.
"Michael Califano, Maria Regina School, and the Diocese of Rockville Centre have agreed to an amicable resolution," it said, adding: "Although the parties strongly believe in their respective legal positions, all parties recognize that the lengthy litigation process would cause pain and distract from, ultimately, their shared goal: the education and growth of the students of Maria Regina School. Mr. Califano remains steadfast in his faith and will continue to be a devoted parishioner of the Diocese. We will not be providing further comment on this resolution."
Lawyers for the church and school didn't respond to requests for comment Monday.
Tighe declined to say if the agreement would involve Califano getting his job back, which he had sought along with back pay and unspecified monetary damages.
Sean Dolan, a spokesman for the Diocese, didn't respond to a question about whether Califano, who had worked at Maria Regina for two years teaching math and English, would get his job back. Califano currently is working as a substitute teacher at Wantagh High School.
In an Oct. 14 letter to U.S. Magistrate Judge James Wicks, who is overseeing the lawsuit, diocese attorneys Kathryn Russo and Taylor Ferris wrote in a letter submitted jointly with Califano's lawyers that "the parties have reached a settlement in principle and are in the process of finalizing the terms of a settlement agreement."
The letter also asked for a court conference that had been scheduled for Tuesday to be adjourned "so that the parties can concentrate on finalizing the settlement agreement" and said it was anticipated "that a Stipulation of Dismissal will be submitted to the Court within the next two weeks."
Earlier this month, Wicks rejected arguments by the diocese and Maria Regina that Califano’s case should be thrown out because of previous U.S. Supreme Court rulings allowing religious institutions to govern themselves.
The lawsuit, filed in June in the U.S. District Court for the Eastern District of New York, alleged Maria Regina and the diocese unlawfully terminated Califano in violation of the Civil Rights Act of 1964.
Califano alleged the school fired him in December because an anonymous person shared with diocese Bishop John Barres pictures from the Facebook page of Califano's boyfriend that showed the couple kissing. The teacher has said his own Facebook page is private and he never discussed his sexuality in the classroom.
Califano's lawsuit said he was called into a meeting with the school's pastor and the head of human resources for the diocese, who told him he was not following a "Catholic lifestyle and Catholic ethics" and that his employment had been terminated. The lawsuit contended the diocese wouldn't have fired Califano if the photo showed him kissing a female or if his sexual preference was for women.
The diocese last year said it did "not end Mr. Califano’s employment over his sexuality" but declined to elaborate.
Days after Califano's firing, more than 100 parents, students and colleagues of the teacher rallied in front of St. Agnes Cathedral in Rockville Centre, urging the church to reinstate him and vowing to pull their children from the Seaford school if the diocese didn't reinstate Califano.
An online petition, urging the diocese to reverse its position, has garnered nearly 29,000 signatures.
Califano and his family have deep ties to Maria Regina.
Not only did he attend the school, but so did his late father — a Nassau County police officer who died in the line of duty more than a decade ago. The younger Califano also previously served as a Eucharistic minister at church services for students and as director of the school’s annual musical production.
A gay teacher who alleged he was illegally fired from Maria Regina School in Seaford has agreed to a "settlement in principle" of his federal civil rights lawsuit against the Diocese of Rockville Centre and school, court records show.
The lawsuit from Michael Califano, 27, of Wantagh, said he was fired last year from his job teaching third grade at the Catholic school after pictures of him kissing his longtime boyfriend were shared with church leadership.
Attorneys for Califano declined to say if the proposed agreement, which still has to be finalized, allows him to return to teaching at the school. But Brendan Tighe, one of his attorneys, on Monday released what he called a joint statement from both sides about progress in the case.
"Michael Califano, Maria Regina School, and the Diocese of Rockville Centre have agreed to an amicable resolution," it said, adding: "Although the parties strongly believe in their respective legal positions, all parties recognize that the lengthy litigation process would cause pain and distract from, ultimately, their shared goal: the education and growth of the students of Maria Regina School. Mr. Califano remains steadfast in his faith and will continue to be a devoted parishioner of the Diocese. We will not be providing further comment on this resolution."
WHAT TO KNOW
- Michael Califano, a former teacher at Maria Regina School in Seaford, has agreed to a "settlement in principle" of his federal civil rights lawsuit against the Diocese of Rockville Centre and the school.
- Califano, who is gay, contends he was fired from his job teaching third grade after pictures of him kissing his longtime boyfriend were shared with church leadership.
- An attorney for Califano declined to say if the agreement allows him to return to the classroom, which he had sought along with back pay and unspecified monetary damages.
Lawyers for the church and school didn't respond to requests for comment Monday.
Tighe declined to say if the agreement would involve Califano getting his job back, which he had sought along with back pay and unspecified monetary damages.
Sean Dolan, a spokesman for the Diocese, didn't respond to a question about whether Califano, who had worked at Maria Regina for two years teaching math and English, would get his job back. Califano currently is working as a substitute teacher at Wantagh High School.
In an Oct. 14 letter to U.S. Magistrate Judge James Wicks, who is overseeing the lawsuit, diocese attorneys Kathryn Russo and Taylor Ferris wrote in a letter submitted jointly with Califano's lawyers that "the parties have reached a settlement in principle and are in the process of finalizing the terms of a settlement agreement."
The letter also asked for a court conference that had been scheduled for Tuesday to be adjourned "so that the parties can concentrate on finalizing the settlement agreement" and said it was anticipated "that a Stipulation of Dismissal will be submitted to the Court within the next two weeks."
Earlier this month, Wicks rejected arguments by the diocese and Maria Regina that Califano’s case should be thrown out because of previous U.S. Supreme Court rulings allowing religious institutions to govern themselves.
The lawsuit, filed in June in the U.S. District Court for the Eastern District of New York, alleged Maria Regina and the diocese unlawfully terminated Califano in violation of the Civil Rights Act of 1964.
Califano alleged the school fired him in December because an anonymous person shared with diocese Bishop John Barres pictures from the Facebook page of Califano's boyfriend that showed the couple kissing. The teacher has said his own Facebook page is private and he never discussed his sexuality in the classroom.
Califano's lawsuit said he was called into a meeting with the school's pastor and the head of human resources for the diocese, who told him he was not following a "Catholic lifestyle and Catholic ethics" and that his employment had been terminated. The lawsuit contended the diocese wouldn't have fired Califano if the photo showed him kissing a female or if his sexual preference was for women.
The diocese last year said it did "not end Mr. Califano’s employment over his sexuality" but declined to elaborate.
Days after Califano's firing, more than 100 parents, students and colleagues of the teacher rallied in front of St. Agnes Cathedral in Rockville Centre, urging the church to reinstate him and vowing to pull their children from the Seaford school if the diocese didn't reinstate Califano.
An online petition, urging the diocese to reverse its position, has garnered nearly 29,000 signatures.
Califano and his family have deep ties to Maria Regina.
Not only did he attend the school, but so did his late father — a Nassau County police officer who died in the line of duty more than a decade ago. The younger Califano also previously served as a Eucharistic minister at church services for students and as director of the school’s annual musical production.
Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.
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