In New York City a trans-woman won the right for her case of discrimination against a Catholic school to be heard, but it is generating cries of religious freedom.
She taught at the school for 32 years and through all those years she had a feminine appearance, long hair, long finger nails and earrings and the students never minded. It was a parent who complained to the school officials about her appearance.
There are those who are arguing that the school is a Catholic school and is exempt from the discrimination laws. They cite the First Amendment that states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." However, there have been many court cases where they have found that religious schools or colleges are not exempt under the law if they receive public funding or if they accept all students no matter their religion. An example is the case of the Ocean Grove Camp Meeting Association denying a lesbian couple the use of their pavilion to be married in. Because they regularly offered the pavilion to the broader public they have to obey the anti-discrimination law (The organizations has since banned all weddings there and it does not violate the law because it treats everyone equally).
The courts have ruled that as long as a law is not aimed at any particular religion belief it does not violate the First Amendment. An example is the U.S. Supreme Court case in 1982 which said that Amish employers are not exempt from paying in to Social Security for their employees and are only exempt when an Amish individuals is self-employed.
Just think what would happen if church owned hospitals were allowed to discriminate bases of their religious beliefs; you are in an automobile accident and you are rushed to the nearest hospital and as you are wheeled in to surgery that ask for your religion. Then they deny you surgery and send you away because you are the wrong faith or the wrong race or any other thing that is against their religious beliefs. There would be such a public outcry over it but somehow it is okay to discriminate against LGBT people. They have to treat everyone equally and that includes everyone they hire.
If a hospital or school is paid entirely by private funds, is run by and for people of their faith they can do anything that they want. However, once they accept any public funding or open their doors to the public they have to obey all the laws.
Marla Krolikowskii, Transgender Catholic School Teacher, Receives Legal Victory (VIDEO)In New York City they have an ordinance prohibiting discrimination because of gender identity or expression but I don’t know anything about the law she is suing the school only that the case is being heard in Queens County Supreme Court.
The Huffington Post
By James Nichols
Posted: 09/11/2013
Marla Krolikowskii, a transgender Catholic high school teacher whose 32-year employment was allegedly terminated after being called "worse than gay" by a school administrator, received a major victory in court this week.
Krolikowskii reportedly filed suit against St. Francis Preparatory School in Queens, N.Y after school officials allegedly fired the teacher following her coming out. According to the above video, school officials claimed that she was fired for insubordination, despite the fact that her termination strongly paralleled her coming out as transgender.
She taught at the school for 32 years and through all those years she had a feminine appearance, long hair, long finger nails and earrings and the students never minded. It was a parent who complained to the school officials about her appearance.
There are those who are arguing that the school is a Catholic school and is exempt from the discrimination laws. They cite the First Amendment that states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." However, there have been many court cases where they have found that religious schools or colleges are not exempt under the law if they receive public funding or if they accept all students no matter their religion. An example is the case of the Ocean Grove Camp Meeting Association denying a lesbian couple the use of their pavilion to be married in. Because they regularly offered the pavilion to the broader public they have to obey the anti-discrimination law (The organizations has since banned all weddings there and it does not violate the law because it treats everyone equally).
The courts have ruled that as long as a law is not aimed at any particular religion belief it does not violate the First Amendment. An example is the U.S. Supreme Court case in 1982 which said that Amish employers are not exempt from paying in to Social Security for their employees and are only exempt when an Amish individuals is self-employed.
Just think what would happen if church owned hospitals were allowed to discriminate bases of their religious beliefs; you are in an automobile accident and you are rushed to the nearest hospital and as you are wheeled in to surgery that ask for your religion. Then they deny you surgery and send you away because you are the wrong faith or the wrong race or any other thing that is against their religious beliefs. There would be such a public outcry over it but somehow it is okay to discriminate against LGBT people. They have to treat everyone equally and that includes everyone they hire.
If a hospital or school is paid entirely by private funds, is run by and for people of their faith they can do anything that they want. However, once they accept any public funding or open their doors to the public they have to obey all the laws.
As a Catholic, I can only ask that the school speak to our new Pope. His comment about not judging gays, would suggest that he would say the same about this woman. Until recently, the Catholic was esentially silent on transgenderism. It wasn't until John Paul II and Benedict was anything said. I believe that Francis would reverse this and acknowledge the science and not take this stance. The problem this school has is that there is no dogmatic prohibition and this should make it difficult to claim religious exemption if it isn't part of the beliefs.
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