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updated: 3/12/2013 5:52 PM

Judge: Indiana teacher can sue diocese in IVF case

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Associated Press

INDIANAPOLIS -- A federal judge has refused to dismiss a lawsuit brought by an Indiana woman who says a Catholic diocese fired her from her teaching job because she underwent in vitro fertilization.

U.S. District Judge Robert Miller cleared the way Monday for a trial on Emily Herx's case against the Roman Catholic Diocese of Fort Wayne-South Bend.

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Attorneys for Herx and the diocese didn't return phone calls from The Associated Press seeking comment Tuesday.

Herx sued the diocese in April 2012, saying her teaching contract was not renewed after diocese officials learned she had undergone in vitro fertilization, which is banned under Catholic doctrine.

The diocese argued the suit violated the constitutional freedom of religion.

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