Marla Krolikowskii, 60, was fired after 32 years of teaching at St. Francis Catholic high school in Queens.
She was summarily dismissed after coming out as transgender to school officials.
St. Francis Prep Attorney Phil Semprevivo claimed in court "She was fired for appropriate non-discriminatory reasons. She was insubordinate" asking that the judge dismiss her lawsuit.
The judge did not buy it.
"Insubordination after 32 years of teaching? And the insubordination seems to coincide with the expression of being transgender?" Judge Hart said.
Judge Hart then rejected a separate 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.