Gay teacher Michael Califano's lawsuit against Catholic diocese goes on after church nixes dismissal motion

A civil rights lawsuit from a gay teacher who alleges he was illegally fired from Marina Regina School in Seaford can continue after the Roman Catholic Diocese of Rockville Centre and the school withdrew a motion asking a judge to dismiss the case.

The court filing Wednesday by the diocese and school came after a federal magistrate judge denied their motion to stay discovery — or stall an exchange of evidence in the case — while also signaling he would allow Michael Califano's lawsuit against the parties to move forward.

Califano, 27, of Wantagh, alleges the school fired him in December from his job teaching third grade because an anonymous and yet publicly unidentified person shared with the diocese pictures from his longtime boyfriend's Facebook page that showed them kissing.

In his Sept. 24 ruling, U.S. Magistrate Judge James Wicks rejected arguments by the diocese and school that Califano’s case should be thrown out because of previous U.S. Supreme Court rulings allowing religious institutions to govern themselves.

The defendants argued Califano’s firing was protected by the doctrines of "church autonomy" and the "ministerial exception," which they said collectively allow religious organizations to make employment decisions without government interference.

In his 22-page decision, Wicks said the defenses by the school and diocese "are rife with issues of fact, and neither leads to the conclusion that … the complaint should be dismissed."

Wicks added there is "direct evidence" the defendants fired Califano because of his homosexuality and said the defendants haven't addressed the "merits" of the teacher's claims.

"The diocese decided to withdraw its motion to dismiss and to allow this case to proceed in the normal course," said Kathryn Russo, one of the defendants' Manhattan-based attorneys. "The diocese will present its legal arguments to the court at the appropriate time in a later phase of the litigation."

Califano, who now is working as a substitute teacher at Wantagh High School, and his Queens-based attorney, Brendan Tighe, declined to comment.

The lawsuit, filed in June in the U.S. District Court for the Eastern District of New York, alleges Maria Regina and the diocese unlawfully terminated Califano in violation of the Civil Rights Act of 1964.

Califano, who had worked at Maria Regina for two years teaching math and English, is seeking reinstatement of his job at the school, along with back pay and unspecified damages.

He has said his own Facebook page is private and he never discussed his sexuality in the classroom. The lawsuit contends 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" and declined to elaborate.

Days after Califano's firing, more than 100 parents, students and colleagues rallied in front of St. Agnes Cathedral in Rockville Centre, urging the church to reinstate him.

The case is due back in court on Oct. 22.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.