by Gina Christian, OSV News
(OSV News) — A New York diocese and a former Catholic school teacher have agreed to an apparent settlement, months after the teacher was fired allegedly for having an adult same-sex relationship.
Magistrate Judge James W. Wicks issued an Oct. 14 order in U.S. District Court for the Eastern District of New York stating that a planned Oct. 22 conference would be adjourned, since the Diocese of Rockville Centre and Michael Califano reported “a settlement in principle has been achieved” in their legal battle.
Califano, who taught third grade at Maria Regina Catholic School in Seaford, New York, was terminated from his position at the school Dec. 27, 2023, by the diocese. He filed a federal suit against the diocese in June, alleging his rights were violated under the Civil Rights Act of 1964.
The diocese had unsuccessfully argued in September that the case should be dismissed in light of recent Supreme Court rulings on church governance, but Wicks found the arguments unpersuasive.
At the time of Califano’s dismissal, the diocese told OSV news that “the school did not end Mr. Califano’s employment over his sexuality.”
However, in several media interviews given shortly after his termination, then 26-year-old Califano, who identifies as gay, said he was let go after Instagram photos of him kissing his boyfriend had been anonymously sent to the diocese, prompting an investigation.
Califano, who graduated from Maria Regina in 2011, also told the local media outlet Long Island Patch.com at the time that the school had been aware of his sexual orientation. Noting his extensive association with Maria Regina as a former student, volunteer, substitute teacher and full-time educator, he said, “I didn’t try to hide it or push it out there either.”
Regarding his dismissal, Califano said in that interview, “The only reason I was given was that I had violated a handbook policy, in which I was not living a Catholic lifestyle.”
The Catechism of the Catholic Church states both sacred Scripture and tradition indicate that homosexual acts are “intrinsically disordered” and the inclination itself is “objectively disordered,” while stressing that same-sex attracted persons must “must be accepted with respect, compassion and sensitivity.” It adds that those experiencing same-sex attraction, like Christians in every state of life, are called to live chastely through prayer and sacramental grace, drawing on “the virtues of self-mastery that teach them inner freedom” as they pursue holiness.
The diocese’s “Code of Conduct for Church Personnel and Volunteers” — which includes contract employees in its schools — requires signatories to “adhere to Catholic teachings and appropriate conduct.”
Additionally, the diocese’s “Code of Conduct for Clerics, Pastoral Ministers, Administrators and Staff” specifies that those teaching at diocesan schools will, to the best of their ability, “perform (their) work in a manner consistent with the mission of the Catholic Church” and the diocese.
On its website, Maria Regina Catholic School states that its educators “believe … in Catholic values, morals, traditions, and attitudes, as well as in modeling in deed and word the teachings of Jesus Christ.”
Following news of the proposed settlement, the Diocese of Rockville Centre told OSV News it had “nothing to add” to a statement by Califano’s attorneys, which said that Califano, the school and the diocese “have agreed to an amicable resolution.
“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,” said the statement. Califano’s attorneys added their client “remains steadfast in his faith and will continue to be a devoted parishioner of the Diocese.”
