Faith

The Canadian Press - ONLINE EDITION

Judge clears way for lawsuit by ex-teacher fired after in vitro fertilization

By: Charles Wilson, The Associated Press

Posted: 03/12/2013 4:07 PM | Comments: 0

INDIANAPOLIS - A federal judge has refused to dismiss a lawsuit brought by an Indiana woman who says a Catholic diocese fired her from her teaching job because she had in vitro fertilization.

U.S. District Judge Robert Miller cleared the way Monday for a trial on Emily Herx's lawsuit against the Roman Catholic Diocese of Fort Wayne-South Bend.

The diocese had no comment on the ruling, spokesman Sean McBride said Tuesday.

Herx, of Hoagland, Ind., sued the diocese in April 2012, saying her teaching contract was not renewed after diocese officials learned she had undergone in vitro fertilization, which is banned under Catholic doctrine. The Equal Employment Opportunities Commission ruled in her favour in January 2012.

Diocese attorneys said Herx's complaint should be dismissed because of a federal law that prevents religious workers from suing their employers for job discrimination. Diocese teachers are required by their contracts to abide by Catholic tenets, and any court review of church teachings or employment practices would violate the constitutional separation of church and state and constitutional freedom of religion, they said.

Herx's attorneys disagreed.

"No court has ever held that to be the law anywhere in the country," attorney Kathleen A. DeLaney said Tuesday. "So it was a very extreme legal position for them to take."

Herx's attorneys contend her dismissal is a case of gender discrimination and of disability discrimination based on her infertility.

In vitro fertilization, or IVF, involves mixing egg and sperm in a laboratory dish and transferring resulting embryos into the womb.

Fact Check

Have you found an error, or know of something we’ve missed in one of our stories? Please use the form below and let us know.

* Required

In which story did you find the error? *
Please post the headline of the story or the title of the video with the error.
What was the error? *
Please post exactly what was wrong with the story.
What should we have written?
Please indicate your source for the correct information.
Who else should we interview to improve this story?
Please include any contact information you may have.
Can we contact you in the future for advice on stories about this topic?
Yes

No
First Name: *
Last Name: *
E–mail Address: *
This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.
Phone: *
This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.
Colour:
Are you blue? If you can see this, leave it blank and get some CSS support.
Enter the words that you see: * This is to prevent our forms from being filled out automatically.
You have failed to correctly identify the words in the box above. Please try again.

More Faith

Undock

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is register and/or login and you can join the conversation and give your feedback.

Have Your Say

New to commenting? Check out our Frequently Asked Questions.

The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.