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Monday, December 15, 2014

Ind. Decisions - More on "In vitro case ruled fit for trial: Diocese arguments rejected"

Updating a long list of earlier ILB entries on the Emily Herx lawsuit, including this one from Dec. 2nd, Rebecca S. Green of the Fort Wayne Journal Gazette, who has been covering this lawsuit from the beginning, reported Sunday, Dec. 14th, in a lengthy, great story headed "Jury's call: Did diocese discriminate against teacher?" that begins:

It’s come down to this: a federal court showdown between a former Catholic school teacher and the local diocese the week before Christmas.

For more than two years, the case of Emily Herx versus the Fort Wayne-South Bend Catholic Diocese has been winding its way through the legal channels of the U.S. civil courts – from the District Court in Fort Wayne to the 7th Circuit Court of Appeals in Chicago and back down again.

Earlier this month, the federal court of appeals cast aside the last attempt by the diocese to keep the case from going to a jury, bringing the former language arts teacher and the local bishop to an expansive federal courtroom on South Harrison Street.

At issue is whether diocesan officials discriminated against Herx in the spring of 2011, when they declined to renew her contract at St. Vincent de Paul School after she informed them she was undergoing in vitro fertilization treatments to conceive a baby.

Herx contends similarly situated male teachers, caught doing something the church views as immoral, would get to keep, and have kept, their jobs. Diocesan officials argue she violated the terms of her contract by undergoing the treatment, failing to conduct herself at all times in accordance with the teachings of the Catholic church.

So over what is predicted to be about five days, beginning Tuesday, area men and women will sit and listen to arguments and evidence, all in order to decide whether the largest religious institution in the area legally wronged a woman for trying to have a baby by means contrary to Catholic teaching.

That just gives a sample, read the whole story.

Posted by Marcia Oddi on December 15, 2014 01:25 PM
Posted to Ind. (7th Cir.) Decisions