Teacher Claims She Was Fired From Catholic School For In Vitro Fertilization

Dec 8, 2004
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#1


An Indiana teacher who says she was fired from a Roman Catholic school for using in vitro fertilization to try to get pregnant is suing in a case that could set up a legal showdown over reproductive and religious rights. Emily Herx's lawsuit accuses the Diocese of Fort Wayne-South Bend and St. Vincent de Paul school in Fort Wayne of discrimination for her firing last June. Herx, 31, of Hoagland, Ind., says that the church pastor told her she was a "grave, immoral sinner" and that a scandal would erupt if anyone learned she had undergone in vitro fertilization, or IVF.

The Roman Catholic Church shuns IVF, which involves mixing egg and sperm in a laboratory dish and transferring a resulting embryo into the womb. Herx said she was fired despite exemplary performance reviews in her eight years as a language arts teacher.

Legal experts say Herx's case illustrates a murky area in the debate over separation of church and state that even the U.S. Supreme Court has failed to clearly address.

Diocese officials said in a statement issued to The Associated Press on Wednesday that the lawsuit challenges its rights as a religious institution "to make religious based decisions consistent with its religious standards on an impartial basis."

The U.S. Supreme Court ruled unanimously in January that religious workers can't sue their employers for job discrimination because anti-discrimination laws allow for a "ministerial exception." But the justices failed to define who was and who wasn't a religious employee.

"The Supreme Court didn't give us a kind of neat little on-off test as to who's a minister and who isn't," said Rick Garnett, associate dean and professor of law at Notre Dame Law School.

In a similar case in Ohio, a federal judge last month gave the go-ahead for a trial in a lawsuit against the Archdiocese of Cincinnati by a parochial school teacher who was fired after she became pregnant through artificial insemination, which the church is also against. The archdiocese fired Christa Dias in 2010, saying the single woman violated church doctrine.

U.S. District Judge Arthur Spiegel said in his March 29 ruling that the ministerial exception did not apply because Dias was a non-Catholic computer teacher with no role in ministering or teaching Catholic doctrine.

However, Garnett said he believed the ministerial exception cited by the Supreme Court could be applied to most parochial school teachers.

"A lot of Catholic schools, including my own kids', every teacher brings the kids to Mass, is involved in sacramental activities. ... It's not just one teacher who teaches religion, religion is pervasively involved," Garnett said. "The key question is whether it would interfere with the religious institution's religious mission, its religious message, for the government to interfere in the hiring decision."

Herx's attorney, Kathleen Delaney of Indianapolis, disagreed.

"She was not a religion teacher. She was not ordained. She was not required to and didn't have any religion teaching. She wasn't even instructed about the doctrine that she violated," said Delaney, noting the ultimate decision would be up to the courts.

The school found out that Herx was using IVF because she told them about it when she used sick days for the treatments, according to the lawsuit. School officials didn't indicate until later that there was a problem, the lawsuit says.

Delaney would not say if Herx was able to get pregnant using IVF.

The diocese said that teachers, even those such as Herx who aren't Catholic, are required by their contracts to abide by Catholic tenets and "serve as moral exemplars."

Pope Benedict XVI as recently as February urged infertile couples not to use in-vitro fertilization or other forms of artificial procreation, which the church views as an affront to human dignity and the dignity of marriage.

The church believes that procreation should be limited to marital sex, said Dr. John Haas, director of the National Catholic Bioethics Center in Philadelphia. Also, clinics routinely fertilize more eggs than are implanted, and extra embryos may be destroyed. The church believes those lives are sacred, Haas said.

"To have a child by in vitro almost invariably results in the death of a number of embryos as one works to bring one to term," Haas said Wednesday.

Herx's lawsuit, filed Friday in U.S. District Court in Fort Wayne, alleges the diocese violated the Civil Rights Act and the Americans with Disabilities Act by discriminating against Herx based on gender and on infertility, which is considered a disability.

The Equal Employment Opportunity Commission upheld Herx's complaint in January.

Link


Well at least she wasn't banging students...
 

Sinn Fein

Infidel and White Interloper
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Aug 29, 2002
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#4
Pretty much this.

My buddy's wife teaches in Catholic school and for the life of me I can't understand why because she is an extreme hardcore lib, practically a leftist. She disagrees with so much of their core teachings on big issues. She should be in a public school. If I were a parent paying all that cash for a Catholic education, I wouldn't want her teaching my kid.
 

CougarHunter

Lying causes cat piss smell.
Mar 2, 2006
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#5
Pretty much this.

My buddy's wife teaches in Catholic school and for the life of me I can't understand why because she is an extreme hardcore lib, practically a leftist. She disagrees with so much of their core teachings on big issues. She should be in a public school. If I were a parent paying all that cash for a Catholic education, I wouldn't want her teaching my kid.
She's just basically there to undermine the church to the kids.
 

Psychopath

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Dec 28, 2008
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#6
What about the rule where you aren't supposed to fuck kids? Maybe the shitty church should worry about that rule.
 

MayrMeninoCrash

Liberal Psycopath
Dec 9, 2004
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#7
There's something ironic about a group that considers the components of conception as being life, yet has a fit when those products are combined in an attempt to actually bring a life into this world.
 

CousinDave

Registered User
Dec 11, 2007
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#8
Pretty much this.

My buddy's wife teaches in Catholic school and for the life of me I can't understand why because she is an extreme hardcore lib, practically a leftist. She disagrees with so much of their core teachings on big issues. She should be in a public school. If I were a parent paying all that cash for a Catholic education, I wouldn't want her teaching my kid.

I don't understand why someone like that would even consider working at a Catholic school.
I mean I'm never going to take a job with al Jazeera.


You want to play the game, then you have to follow the rules
 

Creasy Bear

gorgeousness and gorgeousity made flesh
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#11
and God didn't create our feeble minds to comprehend something from nothing
And humans used those feeble minds to make up creation myths and write the Bible.

but he did create conflict between the two to make himself laugh
That's the same reason he created retards and cancer kids.
 
Aug 11, 2005
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#12
And humans used those feeble minds to make up creation myths and write the Bible.



That's the same reason he created retards and cancer kids.
Yes and in your infinite wisdom you are going to discredit it all in one post
 

Creasy Bear

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#13
Yes and in your infinite wisdom you are going to discredit it all in one post
I don't even have to lift a finger... the biblical creation fairytales are self-discrediting to even those with the feeblest of God-given minds.

Everything created in 6 days? Adam(and Eve from his rib), the Garden of Eden, forbidden knowledge fruit and talking snakes? Seriously, Blurp, I think even your feeble(and dead) mind can figure out that it's all just silly stories.
 
Aug 11, 2005
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#14
I don't even have to lift a finger... the biblical creation fairytales are self-discrediting to even those with the feeblest of God-given minds.

Everything created in 6 days? Adam(and Eve from his rib), the Garden of Eden, forbidden knowledge fruit and talking snakes? Seriously, Blurp, I think even your feeble(and dead) mind can figure out that it's all just silly stories.
I'll pray for you
and because my shit
isn't catholic, it'll work

in you're name Jesus Amen

Hoooray!

you're not a dickhead anymore!
 

Your_Moms_Box

Free Shit / Socialism 2016
Dec 20, 2004
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#15
If she fucked a student they would have just covered it up and moved her to another school.
 
Aug 11, 2005
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#16
Shit I think it worked

I knew my mom had powers

but I never thought I had them
 

Creasy Bear

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#17
I'll pray for you
and because my shit
isn't catholic, it'll work

in you're name Jesus Amen

Hoooray!

you're not a dickhead anymore!
What particular brand of religious retardocity do you follow, Blurp? Or, what did you follow... back when you were alive?

I'm guessing old timey baptist... but not the southern negro dancing and singing and shucking and jiving kind of baptist... not the fun and friendly kind of baptist dogma. No, I'm guessing you were indoctrinated by your mother with her magical Jesus powers with that old timey white redneck snake handling and speaking in tongues baptist. The angry, hateful "God hates queers and mud people" kind of baptist screed.

Gotta be one of those redneck fire and brimstone brands of religion. I can't imagine you're down there in Bible belt buckle country going to your civilized Episcopalian denomination church and tempering your Geezos fervor with reason, compromise, and actual good will towards your fellow man. That just ain't the way you roll, now is it, Blurp?
 
Aug 11, 2005
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#18
aww shit

meh

I wasn't really praying

He'll find out on his own
 

Creasy Bear

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#19
aww shit

meh

I wasn't really praying

He'll find out on his own
Of course you weren't really praying for my well-being. Your angry and hateful redneck religion doesn't roll that way.

Your God hates all the same people you do, Blurp... isn't that convenient?
 
Aug 11, 2005
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#20
Of course you weren't really praying for my well-being. Your angry and hateful redneck religion doesn't roll that way.

Your God hates all the same people you do, Blurp... isn't that convenient?
Shutup

3holer I wanna see you in heaven so I can kick you in da nuts

all fluffylike
 

Creasy Bear

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#21
Shutup

3holer I wanna see you in heaven so I can kick you in da nuts

all fluffylike
Is that what goes on in redneck heaven? The hayseeds all run around going WoooWeee! and kicking each other in the balls?

Yeah... no thanks.
 

Sunsetspawn

Registered User
Dec 5, 2005
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#23
If she fucked a student they would have just covered it up and moved her to another school.
Don't be such a goose. Now, if she were a MAN and fucked a MALE student IN THE ASS, then they would have just covered it up and moved her to another school.

That's a tune we can all dance to.
 

Myhairygrundle

Screw you guys, I'm going home.
Jul 16, 2005
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#25
If I get a job teaching at a mooslim (southern spelling) school and bring in pork chops, bacon, etc I might be at risk for losing that job.

It's not like it was a big secret about Catholic teaching on that sort of thing. Perhaps she should have kept her mouth shut and not blabbed her business to everyone.