- Associated Press - Friday, September 5, 2014

INDIANAPOLIS (AP) - A lawsuit by a former schoolteacher who says she was fired by a northern Indiana diocese for trying to get pregnant through in vitro fertilization can proceed to trial.

A federal judge in Fort Wayne issued a mixed ruling that says Emily Herx deserves a chance to prove her termination by the Diocese of Fort Wayne-South Bend was based on sex discrimination.

But Judge Robert L. Miller Jr. on Wednesday denied Herx’s claim that she was fired for her infertility rather than for the treatment, which is forbidden by the Catholic church.

The diocese says the policy against in vitro fertilization treats men and women the same, but Miller says a jury might not accept that argument.

Herx was fired in June 2011 and sued the diocese in spring 2012.

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