Click here to advertise on CatholicCulture.org

Setback for Indiana diocese in IVF-dismissal case

Catholic World News - October 09, 2013

A federal judge has ordered the Diocese of Fort Wayne – South Bend to turn over some personnel records in a case involving a woman who was dismissed from her teaching post in a Catholic school after undergoing in vitro fertilization.

The diocese invoked a contractual morals clause in dismissing her from her position.

Emily Herx, the teacher, contends she was the victim of discrimination, and her attorney sought the release of diocesan personnel records to discover how diocese applied the morals clause in other cases. The diocese, in turn, argued that this an order to turn over records would violate the First Amendment of the Constitution.

“The Defendants’ bare assertion that the First Amendment’s Free Exercise Clause and Establishment Clause preclude certain discovery requests is unfounded,” ruled Magistrate Judge Roger Cosbey. “The Religious Clauses preclude the Government from taking certain actions with respect to religions institutions; they are not implicated in discovery requests from one private party to another.”

Additional sources for this story
Some links will take you to other sites, in a new window.

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!

Our Fall Campaign
Progress toward our year-end goal ($27,707 to go):
$150,000.00 $122,292.96
18% 82%
Sound Off! CatholicCulture.org supporters weigh in.

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!

There are no comments yet for this item.

Fall 2014 Campaign
Subscribe for free
Shop Amazon
Click here to advertise on CatholicCulture.org

Recent Catholic Commentary

Another side of Francis: US-Cuba role shows Pope's diplomatic muscle 13 hours ago
Silly season: a Christmas approaches, a scholar questions whether Jesus ever existed 14 hours ago
The intrinsic immorality of torture: still not convinced? 19 hours ago
The Complexity of Reforming Religious Communities December 17
Speaking Softly to Women Religious December 16

Top Catholic News

Most Important Stories of the Last 30 Days
Pope Francis: Europe seems 'elderly and haggard' CWN - November 25
Pope Francis, Ecumenical Patriarch sign joint declaration, lament persecution of Christians CWN - December 1
Consistory for new cardinals scheduled for February CWN - December 11
Vatican report on US women religious calls for further self-assessment CWN - December 16
Pope brokered deal to open US-Cuba ties CWN - December 17