In-Vitro-Fertilization as Breach of Employment Contract

Kelly Romensko had served as a French teacher at a Catholic schoolfor nearly 5 years when she informed the school’s principal that she needed afew days off to complete an IVF procedure. The principal told her to meet with her pastor to discuss Catholicdoctrine and teaching on IVF. Why? Paragraph 16 of Ms. Romenesko’s employmentcontract with the school provided:

Both parties will teach and act in accordance with Catholicdoctrine and Catholic moral and social teachings.

Ms. Romenesko found out that there is an official Catholic paper,authored in 1987 by then-Cardinal Ratzinger, which takes the position that IVFis a morally illicit procedure.  She wentthrough with her IVF procedure anyway, and gave birth to two lovely twingirls. However, the school fired her forbreach of her employment agreement. Sheappealed to the school’s Board of Trustees, but it determined (here and here) that she was inbreach of Paragraph 16 of the employment agreement. Apparently, another administrative appeal is pending.

[Meredith R. Miller]