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Judge rejects motion by Catholic school that fired transgender teacher

Monday, September 9, 2013

NEW YORK — A judge in New York on Monday refused to dismiss a complaint by a former teacher at a Catholic school who was fired after notifying school officials that he was transitioning from male to female.

Marla Krolikowski

Marla Krolikowski, 60, alleges in a lawsuit filed late last year, that she was wrongfully terminated from her teaching position at the St. Francis Prep in Queens, N.Y., after 32 years and receiving numerous accolades for her work, including leading students in a musical performance for Pope Benedict XVI.

But school officials claimed Krolikowski “was fired for appropriate non-discriminatory reasons. She was insubordinate,” according to St. Francis Prep Attorney Phil Semprevivo.

On Monday, both sides squared off in court, where Judge Duane Hart was openly skeptical about the school’s insubordination claim, reported WABC-TV.

“Insubordination after 32 years of teaching? And the insubordination seems to coincide with the expression of being transgender?” he questioned. said.

Hart then rejected a motion by the school that Krolikowski’s was essentially a minister, and that religious institutions have the right to hire and fire those employees without court interference.

WABC-TV reports:

Krolikowski said that regardless of the eventual outcome of the case, she’s already won because she’s finally living her life as who she is supposed to be.

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25 more reader comments:

  1. “Insubordinate”? I thought lying was a sin!

    Posted on Tuesday, September 10, 2013 at 3:49am
  2. where I grew up in Queens.. my friend’s brothers went there. Hope she gets her job back (or is properly compensated)

    Posted on Tuesday, September 10, 2013 at 3:56am
  3. I hope she gets compensated and moves to a better job and then the catholic school loses all its students...

    Replied on Tuesday, September 10, 2013 at 3:58am
  4. St. Francis is pretty popular.. I doubt they'd lose all students, but, I hope they learn their lesson. Well, lessons; a) you can't fire ppl for BS reasons, b) trans does not equal gay...and last I heard, there wasn't anything in the Bible "instructing" folks to discriminiate against those born in the wrong body/gender

    Replied on Tuesday, September 10, 2013 at 4:02am
  5. Religious homophobia is not covered in”religious freedoms”. Discrimination is not a religious right. Invading others lives with your religion is not a religious right. Enforcing religious laws that impact others who are not of your faith is not a religious right.

    If churches wish to interfere with law and rights them let them pay taxes. Otherwise they need to lay off the hate and bigotry because its just being a bully

    Posted on Tuesday, September 10, 2013 at 3:56am
  6. This isn't homophobia; it's Trans*phobia.

    Replied on Tuesday, September 10, 2013 at 4:54am
  7. wow big differences it all looks like idiotic hatred to me.

    Replied on Tuesday, September 10, 2013 at 5:47am
  8. It is time to hold employers accountable for discrimination. They should be ashamed, after 32 years of service to do THIS.

    Posted on Tuesday, September 10, 2013 at 3:57am
  9. Well with the Catholic Church opposing human rights calling us”evil sinner perverts”, but still protecting pedophiles who attack kids, their numbers are plummeting.

    After all the genocide the Christian faith has been linked to with holy war crusades supporting manifest destiny that led to the deaths of over 100,000,000 of my people their witch hunts the torture and slaughter of non believers I’d love to see this”church”fall.

    Posted on Tuesday, September 10, 2013 at 4:03am
  10. Best damn post to this story!

    Replied on Tuesday, September 10, 2013 at 10:00am
  11. I had a transgender teacher in highschool, she was amazing she was on the school board and helped to write the text books students were using, everyone respected her……the world should learn from that <3

    Posted on Tuesday, September 10, 2013 at 4:14am
  12. Excommunicated cuando I needed them most! Religion failed, as faith carried me back home 2our Lord God! transwoman 7 Jan 1977 preformed under local! I woke up twice or three! Reward after horrid 110 crash! Coin I had 2try! Shell exhausted by 18surgical procedures. suffice? TJ underground! 411! 4wks was the worst each mcg was? omg. then suffice trice walked. I m labeled abomination by man! Choice? I lost family 2society! Computer programmer became whore! I was informed I had ohoy que la n no value! She has more courage than I. God carries ya n grace y Divine Thought! Audacity TM Religion! Children are taught 2fear us! 2make fun of us y taunt 2end! Dios n ya b blessed. Prayer n Grace honored. Amens. Amens. Amens.

    Posted on Tuesday, September 10, 2013 at 4:29am
  13. You appear to need intense counseling and medication.

    Replied on Tuesday, September 10, 2013 at 4:41am
  14. sir? they did that! I was most young! 24+ electrical shock treatment. Y? And, sir cuando that di dnot get their result? Reuben how are ya 2day? I m fried. Reuben how are ya boy r girl? I m girl! I m ah fuking girl since birth ask moma! Suffice? Reuben ya are being difficult! Perhaps we change your treatment. Insul

    Replied on Tuesday, September 10, 2013 at 4:44am
  15. David - you do realize that english probably isn't her first language and you're being a dick, right?

    Replied on Tuesday, September 10, 2013 at 7:16am
  16. if this person is a good teacher it shouldn’t matter what is being worn as long as it’s not prerogative God loves everyone why is that so hard for people to see hate is blinding people need to stop hating

    Posted on Tuesday, September 10, 2013 at 4:30am
  17. Well it’s part of the lgbt community. So I view attacks on trans men and women just as offensive as the ones on me. It’s the equality part in me. They’re different then I yes. But they’re still humans who need protections from”trans phobics”&homophobic’s.

    To me it’s the same whether you gay bi lesbian transgender pansexaul or what ever. YOU’RE HUMAN! So I will view you as such. Whether you like the same sex both sex’s are a man in a woman’s body or a woman in a mans body. You’re human to me. And I don’t view any less for how you’re born. I’m bi but prefer women. There’s so many unique sexual differences in humanity so to condemn any form of it is very poor humanity.

    Except rapists and pedophiles. Those folk are just sick fucks…lgbt only have sex with other consenting adults…

    Posted on Tuesday, September 10, 2013 at 5:00am
  18. But forgive me if I used the wrong word to describe them. Homophobic’s transphobic’s are simply bigots to me…

    Posted on Tuesday, September 10, 2013 at 5:01am
  19. …was fired after notifying school officials that SHE was transitioning from male to female… COME ON!

    Posted on Tuesday, September 10, 2013 at 5:35am
  20. Good for her after all this is a FREE Country or at least is supposed to be.

    Posted on Tuesday, September 10, 2013 at 9:06am
  21. Everyone with half s brain sees thru the convenient allegation of insubordination… Thankfully the Judge falls into this category.
    I hope the fired teacher is also compensated with Punitive Damages… This Church is sooooo used to getting away with Crimes… like raping children… it’s time for someone to make them Pay $$$ for this Arrogance!!

    Posted on Tuesday, September 10, 2013 at 2:34pm
  22. OMG. This should definetly that still be occuring in 2013. The transgender female should not have been fired. This should be illegal.

    Posted on Tuesday, September 10, 2013 at 7:41pm
  23. Hmm… could it be that the school gets government funds?

    Posted on Tuesday, September 10, 2013 at 8:13pm
  24. I hope she succesfully sues them for thousands.

    Posted on Tuesday, September 10, 2013 at 9:52pm
  25. ;`(

    Posted on Wednesday, September 11, 2013 at 2:30am