Tuesday, December 23, 2014

Former teacher wins 1.9 million is damages after Catholic Diocese fires her for using in vitro fertilization in an attempt to get pregnant.

Courtesy of The Journal Gazette: 

Almost every single thing for which Emily Herx asked the jury, she received. 

Nearly $2 million in damages, and vindication, after the jury ruled that the Catholic Diocese of Fort Wayne-South Bend discriminated against the former language arts teacher at St. Vincent de Paul Catholic School when they fired her for undergoing in vitro fertilization. 

The verdict came after about 51/2 hours of deliberation Friday afternoon, capping off a four-day jury trial before U.S. District Judge Robert Miller Jr. in the expansive federal courthouse just a few blocks from the Cathedral of the Immaculate Conception, the center of the diocese. 

As she waited for the jury to come in, Herx sat ramrod straight in her chair at the table next to her attorney, Kathleen DeLaney, her face anything but calm as she clearly tried to control her breathing and anxiety. 

Throughout the trial, she heard herself characterized by the defense as a potential drug abuser, an emotional basket case and as someone who committed a sin so grave and immoral that no circumstances could justify it. 

But after the verdict was read, she seemed to uncoil with relief, crying and holding onto DeLaney in a long and tearful embrace.

Whenever I hear people defending the church's anti-abortion stance it makes me shake my head.

The church is not so much interested in protecting unborn babies as they are in controlling women's reproductive organs.

All this woman was trying to do is exactly what the church claims to support. And that is to give birth to a child.

But because the woman, the married woman, could not conceive naturally, and turned to science instead of accepting God's will, she was not only condemned by the church but they took away her livelihood as well.

33 comments:

  1. Anonymous4:05 AM

    This is a joke right?
    A lawsuit for trying to get pregnant now?
    We are in the handbasket folks.

    ReplyDelete
    Replies
    1. Anonymous7:03 AM

      Agree Anonymous 4:05. Condemned by the church for conceiving by scientific methods; also condemned if an abortion is chosen. Total hypocrisy.

      Delete
    2. Anonymous9:39 AM

      What's their policy on Viagra?

      Delete
  2. Sally in MI4:42 AM

    I think we may see the tide turning in this war on women. Then GOP has pushed this as far as it can go without taking away our right to education, to a job, and to vote. Even the GOP seems that those are things women should have. The wacko evangelicals and Catholics are starting to lose in court, and that should have a snowball effect on other cases. The other upside is that the GOP comes off as just what they try to hide from their voters: controlling, mean, and cruel to women. Please proceed, GOP.

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    Replies
    1. Anonymous11:35 AM

      I went to the same Christian school in Colorado Springs as Ted Haggard's (of New Life Church/gay prostitute/meth fame) kids, although they were younger than I was. I don't know whether they graduated from there; my point is just that it was an insane hokey little school but attracted some people who were pretty influential in the evangelical movement. When I was in high school, the principal, who also taught history, told us women should not have the right to vote. The founding fathers meant for the man's vote to cover his family, and most men sought their wives' opinions, so it was completely unnecessary for women to also vote. (Can't make this shit up.) He also told us the "downhill progression" in this country started in 1920, "and what else happened then? Not saying there's a connection, but it's an interesting coincidence, isn't it?"

      Delete
  3. Anonymous4:50 AM

    Screw the Catholic church.

    Signed,
    The Rebel Lutheran

    ReplyDelete
  4. Anonymous5:19 AM

    This is an example of why our entire family left the church.
    Trying to control our lives.
    " You must stay pregnant" no contraceptives.etcetera.
    We didn't know that we were being manipulated. Lots of folks don't,until they turn on you,if you don't comply. We are happy for Emily.

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  5. Stories like this make my day.

    ReplyDelete
  6. Anonymous5:45 AM

    Everyone who falls for Pope Francis' kinder, gentler act needs to read this. THIS is the real Catholic Church.

    ReplyDelete
  7. Anonymous6:06 AM

    Amen!

    ReplyDelete
  8. Anonymous6:24 AM

    Are we in middle east? I see lots in common between evangelical fringe and the hardcore islamists. By the way while we are on the topic of woman's rights, even India legalizes abortion..USA is making it harder and harder for a Woman to choose.Religion rises, individual rights take a hit. It is a fact.

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  9. Anonymous7:09 AM

    Oh, come on. Can't have another immaculate conception….and this one with science not god. Can't condone that! ;-)

    ReplyDelete
  10. Ah yes, life as lived in Sdrawkcab Dnal, aka, Catholic Church. "Do as I tell you until I tell you not to do as I tell you"!

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  11. Anonymous7:15 AM

    So do they not accepted students that were conceived by invitro?

    ReplyDelete
  12. Anonymous7:36 AM

    But it was o.k. for that other woman who couldn't conceive naturally to become pregnant? I think her name was Mary.

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  13. How sweetly ironic. The diocese is The Church of the Immaculate Conception!

    ReplyDelete
    Replies
    1. Anonymous11:36 AM

      I caught that too!

      Delete
  14. Anonymous8:19 AM

    She will lose on appeal, I have no doubt. Reading it thru it is a weak case, and she got lucky. They cannot be forced to employ her, and they just didn't renew her contract. She was looking for a payout.

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    Replies
    1. Anonymous9:33 AM

      Good grief, if this indeed is a case of nonrenewal of contract, she most certainly deserves nothing. Emotional juries give the system a bad name.

      Delete
    2. Anonymous10:33 AM

      Does that make you happy you bitter little troll?

      Delete
    3. Anonymous11:37 AM

      Nonrenewal of contract is a common way private schools screw over their teachers. It happened to both my mom and my SIL's mom, both of them after 20+ years of teaching for low pay in Christian schools. My dad filed an EEOC complaint, and the school lied.

      Delete
    4. Anonymous11:50 AM

      Does it make you happy and excited 10:33, to use the 'troll' word? You are so cool, you called someone a troll today! You should tell you husband about it when he gets home from work, I'm sure he will be totally excited to hear the whole story, and he will be like "no way! you called someone a troll on the internet!"

      Don't forget to tell all your whole family about your big day over Christmas dinner too!

      Hopefully one day I will be as big and brave and bold as you.

      Delete
    5. Anonymous12:15 PM

      11:37 exactly how is non-renewal of a contract screwing anyone over? A yearly contract is EXACTLY that. It is the very definition of a contract, once the terms are complete, you may or may not be offered another one, and you may or may accept or decline it. I am mystified how anyone can not understand the purpose and meaning of yearly contracts. If you don't like yearly contracts, find a different employer or profession.

      Delete
  15. Anonymous8:39 AM

    We can't have in vitro fertilization because that would allow lesbians to marry and have children, don't you know?

    Next, science will figure out a way for gay men to make babies...... (heavy sarcastic font)

    ReplyDelete
  16. The fact is that Catholicism is in decline, for example:

    http://national.deseretnews.com/article/2709/15-catholic-churches-new-yorkers-will-be-saying-goodbye-to.html

    I think Pope Francis is the real deal... an enlightened leader of an institution that has calcified. It's interesting to watch from the outside.

    The judgemental over-reach will bite them in the ass, every time. That is true for all religions.

    Also, too, they are not the gatekeepers to the spiritual. We can find our way to the loving multi-dimensions and the consciousness therein without any appointed leaders instructing us. We all have the light within us and around us.

    ReplyDelete
  17. Anonymous11:25 AM

    Again,
    Immaculate Conception refers tor Mary being born without original sin like the rest of the followers. It is NOT sexless baby making.
    Signed:
    12 year catholic school survivor

    ReplyDelete
  18. Anonymous12:10 PM

    Almost fifty years ago, I babysat for a family with four young children. The mother, a devout Catholic, had been pregnant nine times in ten years of marriage and four children had been born at full term. She'd had five miscarriages in nine years. After the difficult delivery of her fourth child, she was told by her doctor not to get pregnant again. Well, she talked to one of the local parish priests and was told (by this maybe thirty year-old guy) that it was her duty to get pregnant and have babies. No mention was made by him about her duty to raise the four small children she already had. Well, about a year later she got pregnant again and lost the baby in the fifth month and nearly bled to death. Fortunately she lost her faith in local priests (but not in her religion) and, I always hoped, just came to her senses but I know that she fretted about not "doing her duty." Families need to make the decisions that are best for the family.

    I was also raised Catholic but with very pragmatic parents who were capable of independent thinking. Had I been in this woman's position, I would have listened to my doctor and accepted that my first duty was to the children and husband that I had, not to the will-o-the-wisp of potential children lined up in the clouds above.

    The Catholic school teacher who was using in vitro fertilization was doing her best to have a child. What could possibly be wrong with that? I think that God prefers children to be born to families that want them.

    Nuns and priests should simply butt out of s much decisions.
    Beaglemom

    ReplyDelete
  19. Anonymous2:07 PM

    Wow, just wow. I just got off the phone with my mother and father and mentioned this to them and thanked them from the bottom of my heart for never imposing religion upon us and raising us with open minds and keeping us away from organized religion and allowing us to be free.

    I feel so, so sorry for those chained by religion either as adults or worse, as innocent children. No good ever comes from it and my wish this holiday season is that someday you can all be free to think and be as you see fit and not be held down any longer.

    ReplyDelete
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    1. Anonymous2:28 PM

      Going to a church or being employed by them per their employment agreements is not forced on anyone. This lady is adult enough to make her own decisions, including being employed by a catholic school. She was obviously free to leave at anytime, and the school did not so much fire her, as all they did was inform her that she would not have her contract renewed. As much as one might not like their philosophies or agree with what might seem backwards or 'medieval' mindset, I think this lady used this situation to make a buck or a cool couple million. I strongly predict she will lose the appeal.

      Delete
  20. Anita Winecooler4:27 PM

    The holy catholic and apostolic church, roman edition and I haven't been on speaking terms for years, it wasn't me, it was them. I'm just a woman not worthy to be part of their cult, which is fine with me.
    I'm so glad this teacher won the lawsuit, though I feel the monetary compensation is way too low to meet the amount of torture and shunning she's gone through. The church keeps yelling "pro life", and here's a woman going to extraordinary means to have one, and they let her go. She looks perfectly fine to me, so what are their criteria for firing her? She's not jumping on any junk that makes eyes on her, she's married, in love, and wants to have her husband's baby. Is there a commandment that makes it a sin to want to be a mother?
    On Christmas Eve Eve, even. Mary became pregnant, supposedly not by Joseph or Jesus would be called the son of Joseph, so how did THAT happen?
    Take your two million bucks, walk with your head high and raise your kids. You did nothing wrong.

    ReplyDelete
  21. Anonymous5:01 PM

    You people are confusing the tenets of a religion you don't like with the legal constructs that form the basis of our economic system. Hate the Catholic Church all you want, but it was still within its rights to not offer another annual contract. She didn't get fired because she got pregnant through in vitro. However, even in that case, because she signed a morality clause, which we assume addressed in vitro fertilization, then I'm not sure she would have a legal foot to stand on either. I'm a cafeteria Catholic myself, so I get the disenchantment with the Catholic Church. That still doesn't entitle anyone to $2 million, LOL. I'm surprised the judge didn't do something. What judge wants to be overturned on appeal?

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  22. Which bible verse condemns in vitro fertilization?

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  23. Anonymous8:49 PM

    This lady seems to have fared much better in her settlement than all the poor little boys that were anally raped by Catholic priests.

    ReplyDelete

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