Some diocesan records sealed in Indiana IVF-dismissal case
Catholic World News - June 03, 2013
A federal judge has allowed the Diocese of Fort Wayne-South Bend, Indiana, to seal some personnel records in the process leading up to a court trial in a case involving a woman who was dismissed from her teaching post in a Catholic school after undergoing in vitro fertilization.
Personnel records are ordinarily kept confidential, but lawyers for the plaintiff, Emily Herx, said that the judge’s order will make it difficult to argue her case. Herx charges that she was the victim of discrimination, because she was unable to conceive without medical intervention. The diocese counters that she had violated the terms of her contract, which required her to abide by Catholic moral teachings. The Church condemns in vitro fertilization, while approving treatments that address the causes of infertility.
The Herx case will test the “ministerial exception,” under which American courts have generally refused to become involved in arguments over how religious bodies choose their ministers and other religious personnel. The Equal Employment Opportunity Commission ruled last year that Herx had been the victim of illegal discrimination.
An appeal from our founder, Dr. Jeffrey Mirus:
Dear reader: If you found the information on this page helpful in your pursuit of a better Catholic life, please support our work with a donation. Your donation will help us reach seven million Truth-seeking readers worldwide this year. Thank you!
Progress toward our September expenses ($33,525 to go):
All comments are moderated. To lighten our editing burden, only current donors are allowed to Sound Off. If you are a donor, log in to see the comment form; otherwise please support our work, and Sound Off!