Jury sides with fired teacher

INDIANA
The Journal Gazette

$1.9 million judgment against Catholic diocese

Rebecca S. Green 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.

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