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Federal judge allows dismissed teacher's lawsuit to proceed against Indiana diocese

March 12, 2013

A federal judge in Indiana has refused to dismiss a lawsuit against the Diocese of Fort Wayne brought by a woman who was dismissed from her post as a teach in a Catholic school after she received in vitro fertilization.

The Fort Wayne diocese had asked the court to dismiss the lawsuit brought by Emily Herx, saying that the Church has the right to set standards for its own teachers. The case appears to involve the “ministerial exception” that was upheld by the US Supreme Court last year. In the Hosanna-Tabor case, Chief Justice John Roberts affirmed the “the interest of religious groups in choosing who will preach their beliefs, teach their faith, and carry out their mission.”


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