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Judge reduces award in Indiana diocese’s IVF case

January 16, 2015

A federal judge has reduced the damages levied against the Diocese of Fort Wayne – South Bend in the case of a Catholic school teacher whose contract was not renewed after her use of in vitro fertilization came to light.

A jury had originally awarded Emily Herx over $1.9 million in her federal sex-discrimination lawsuit.

A federal judge has now reduced the award to $543,803.


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  • Posted by: Gregory108 - Jan. 18, 2015 11:59 AM ET USA

    She did sign a contract with a morals clause! She knew what Church teaching on this was,or should've! There's no way a contract can spell out each sin that would mean dismissal. So the diocese should have been protected. And she was not outright fired on the spot. Her contract was just not renewed when it ran out! This case indeed should have NEVER gone to court! We need more protective laws, but in our PC nation,it's impossible, and, as with "malpractice," juries do what they want despite law.

  • Posted by: kwonbbl1 - Jan. 16, 2015 8:56 PM ET USA

    Why is not clarified at the outset of employment what attitude, behavior, conduct, and ideologies are not allowed? Of course, the list should be culled from the current societal issues, which is relevant to the people involved. Especially for teachers and social workers and hospital works. This way there is no misgivings to arise. Is the teacher a Catholic to begin with? Our Government is in pursuit of its own power, not for people.

  • Posted by: feedback - Jan. 16, 2015 6:27 PM ET USA

    This case violates the First Amendment rights and should have never gone to court. But since it set a legal precedent, the lesson is: just fire those who need to be fired and say nothing directly. Unfortunately.