This past spring I wrote about a couple of cases in which women who worked for Catholic schools were fired for using ART. One was Emily Herx, a married high school teacher who was fired for using IVF. I’ve been following the case and wanted to offer a brief update. Two national groups (unsurprising ones–the ACLU and the ASRM) have filed briefs on Herx’s side.
The issue in the case is framed as one of discrimination based on disability. Herx and her husband are infertile. (I think it is pretty clear that this would generally count as a disability.) It is generally impermissible to discriminate based on a disability. The archdiocese asserts a right, as a religious employer, to discriminate if the discrimination is supported by Church teachings. (Remember that the Catholic Church considers IVF to be an intrinsic wrong, even if the gametes used are those of a married couple.)
There’s no decision yet. I’m posting this now as a reminder that the issue is out there. The involvement of national organizations suggests to me that the case may continue for some time and gradually become a higher proflie matter. We shall, of course, see.