A teacher at a Catholic school in Indiana is suing the diocese where she worked after being fired because the in vitro fertilization treatments she received were considered against church teachings . Emily Herx , a former English teacher at St. Vincent de Paul School in Fort Wayne , filed a federal lawsuit against the school and the Diocese of Fort Wayne-South Bend . She says in the suit filed Friday that she was discriminated against in 2011 after the school 's pastor found out that she had begun treatments with a fertility doctor , according to the complaint . Herx says the school 's priest called her a `` grave , immoral sinner '' and told her she should have kept mum about her fertility treatments because some things are `` better left between the individual and God , '' the complaint said . `` I did n't think I was doing anything wrong , '' Herx told CNN on Thursday . `` I had never had any complaints about me as a teacher . '' The diocese responded , saying it `` views the core issue raised in this lawsuit as a challenge to the diocese 's right , as a religious employer , to make religious based decisions consistent with its religious standards on an impartial basis . '' In its statement , diocese officials said that `` the church promotes treatment of infertility through means that respect the right to life , the unity of marriage , and procreation brought about as the fruit of the conjugal act . There are other infertility treatments , such as in vitro fertilization , which are not morally licit according to Catholic teaching . '' The statement adds that teachers working in the diocese are required to `` have a knowledge and respect for the Catholic faith , and abide by the tenets of the Catholic Church . '' Herx said she underwent her first in vitro fertilization treatment in March 2010 , and immediately told her supervisor , the school 's principal . `` The first time she was made aware that my husband and I had to go through fertility treatments , she said , 'You are in my prayers , ' `` Herx said . `` To me , that was support . '' It was after she requested time off for her second treatment more than a year later that the school 's pastor , Msgr . John Kuzmich , requested to meet with Herx , according to the complaint . During the meeting , Herx says Kuzmich told her that it would have been better if she had n't said anything about the treatments because they could cause a scandal . Eleven days later , Herx said , she was notified that her contract at the school would not be renewed because of `` improprieties related to church teachings or law . '' Observers say Herx 's case bears some of the hallmarks of the case of Cheryl Perich , a former teacher who was fired from a religious school in Michigan after taking a medical leave of absence in 2004 . At issue was whether the Americans with Disabilities Act applies to hiring and firing decisions involving `` ministerial employees , '' such as teachers who teach secular subjects . The U.S. Supreme Court decided that Perich -- who taught secular subjects along with a religion class -- was considered a `` minister '' and could in fact be fired based on church doctrine . `` The interest of society in the enforcement of employment discrimination statutes is undoubtedly important , '' Chief Justice John Roberts said at the time . `` But so too is the interest of religious groups in choosing who will preach their beliefs , teach their faith and carry out their mission . '' Herx and her lawyer , Kathleen DeLaney , say that since Herx taught only English , she should be exempt from the so-called ministerial exception . Herx noted that after being hired at St. Vincent de Paul School in 2003 , she never taught religion and never held an official title within the Catholic Church . But some legal observers say that because Herx worked at a Catholic school , her decision to undergo fertility treatments could be construed as a clash with the school 's broader mission . `` The doctrine exists in order to protect the religious institution 's right to protect their message , '' said Richard Garnett , a law professor at the University of Notre Dame . But Gregory Lipper , senior litigation counsel at Americans United for Separation of Church and State , disagreed , saying that deeming an English teacher `` a minister '' in a religious school constitutes `` Exhibit A of what goes wrong if the exception becomes too broad . '' `` If a teacher of purely secular subjects is considered a minister , then the implication of that is that everyone who works for a Catholic school would be considered a minister , '' he said . `` It becomes an open license to discriminate . ''
Emily Herx says she was fired because she received in vitro fertilization treatments . She was a teacher at a Catholic school in Indiana . The Supreme Court ruled that states can ban the use of federal money to pay for abortions, but not require them.