Description

Mrs. Herx claims that she was fired by a Catholic School for using the in vitro method to become pregnant. The Catholic School argues that it has the right to fire teachers for failing to adhere to its religious beliefs (in vitro is considered a mortal sin under the Catholic faith). Mrs. Herx argues that she was fired for sex discrimination.

The following facts/legal issues are being argued by each side. Answer the questions explaining the applicable legal principle and the significance of the facts given in the blog post.

Articulate the Catholic School’s best argument(s) that this was a religious decision. Articulate Mrs. Herx’s best argument(s) that this firing was based upon her sex. Why is it important to this case whether the discriminatory intent was based upon religion or sex?

Assume the court determines that the school’s motive was religious: determine whether Mrs. Herx’s claim for religious discrimination will be upheld. In your answer, be sure to include the prima facie case and any rebuttals, the legal principle of the religious exemption (including the importance of a ministerial position); and what, if any, query the court will make into whether the doctrine against in vitro is a legitimate religious belief.

Assume the court determines that the school’s motive was gender based, what would the court’s rationale for this determination be? What facts would Mrs. Herx have to prove in order to prevail? In your discussion, be sure to include the prima facie case and any rebuttals available to the Catholic school.