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Catholic teacher sues diocese after she was fired for...

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School has rules against immoral behavior on the part of staff.

A Roman Catholic schoolteacher who says she was fired for trying to become pregnant through in vitro fertilization (IVF) will have her case heard in court following a favorable ruling by a U.S. District Court judge.

Highlights

By Catholic Online (NEWS CONSORTIUM)
Catholic Online (https://www.catholic.org)
9/8/2014 (1 decade ago)

Published in Marriage & Family

Keywords: Emliy Herx, in vitro fertilization, morality, clause, lawsuit

LOS ANGELES, CA (Catholic Online) - Former Roman Catholic schoolteacher, Emily Herx is claiming sex discrimination in a lawsuit that says she was illegally fired from her job at St. Vincent de Paul School after the Diocese of Ft. Wayne-South Bend became aware she was undergoing IVF treatments to become pregnant. Herx taught literature and language arts at the school from 2003-2011. At the heart of her petition is the argument that only women are sanctioned for participating in IVF, not men.

U.S. District Court judge, Robert Miller Jr., ruled that her case may now go forward and a court will decide if her contract was not renewed because she was a woman or if it was because she sought out IVF and underwent the procedure.

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In vitro fertilization is considered an intrinsically evil practice by the Church. The problem with the procedures is that multiple embryos are fertilized outside the womb, leading to the mass conception of children. Unfortunately, only one of those children is selected for implantation in the mother's womb and the rest are destroyed. Since life begins at conception, the result is little different than if a person sought repeated abortions until they had the child they wanted.

Catholic institutions also feature morality clauses as part of their contracts, requiring both men and women to adhere to the morals and practices of Christian faith during their tenure. Those who choose not to abide by this example risk termination.

Under these rules a man could very well be dismissed for participating in an IVF scheme, although there appears to be no record of such happening to date, at least not in the court documents.

Herx alleges that the policy unfairly discriminates against women.

The Bishop of the Diocese, Kevin Rhodes went on record in correspondence to Herx, warning her that IVF is an "intrinsic evil" and because of its nature, nothing can justify it. All documentation from the diocese appears to show that Herx was released because of her decision to defy the Diocese and proceed with her attempt at IVF.

Herx has one child from a previous, natural pregnancy. If she wins her case, should could be awarded back pay from the time of her dismissal.

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