Former Teacher says her rights were not viloated

In 2004, Kelly Romenesko lost her teaching position with the ACES Xavier Educational System in Appleton because she violated her teaching contract. In her signed contract, she agreed to uphold the teachings of the Catholic Church. She violated her contract by undergoing in-vitro fertilization, a medical procedure that since the 1980s has contradicted the Church's teachings on the natural conception of children. While IVF can result in the creation of life, the Church is deeply concerned with the freezing or destroying of life that can result as IVF is commonly used.

On Aug. 28, 2007, Mrs. Romenesko announced that she reconsidered her position in her employment claim against ACES Xavier. Below is the text of her statement and the statement from Bishop David A. Zubik.
Safe and successful fertility options are available and supported by the Catholic Church. Those are listed below, as well.

STATEMENT FROM KELLY ROMENESKO

August 27, 2007

To Whom It May Concern:

I asked the Diocese and ACES/Xavier to settle my claim based upon the fact that I have reconsidered my position and have concluded that the actions of ACES/Xavier in terminating my employment were not a violation of my legal rights.

Initially I believed that based upon the timing of my termination in relationship to my announcement of pregnancy that my rights were violated. However, I have since discovered that the termination should have taken place sooner, but did not because of an intervening and unprecedented school crisis not related in any manner to me had preoccupied the new administration during that week. It was only when I subsequently announced my pregnancy the following week that the new administration realized that they had forgotten to tell me earlier that I had to resign or be terminated.

I have come to conclude that the decision to terminate me was lawful and based solely upon my decision to engage in a process known as in vitro fertilization. I do not believe it was based upon my pregnancy. And, by engaging in IVF, I violated my employed contract with ACES/Xavier.

I understand that ACES/Xavier had the right to enforce employment terms consistent with Catholic Church doctrine. However, at the time I began IVF, I did not know that the Catholic Church had a doctrine which prohibited in vitro fertilization. In fact, I only became aware of the Church's position when I told the administration that I was finishing the process. Nevertheless, I chose to finish IVF and as a result I became pregnant. Today, I still disagree with that doctrine. Yet, I signed an employment contract with ACES/Xavier which, among other things, required me to uphold Catholic teachings. My decision to voluntarily undergo in vitro fertilization was clearly a violation of my contract and legally justified my termination.

Notwithstanding my initial discrimination allegations, I now know my legal rights were not violated in connection with the decision to terminate me. I respect the Church's right to interpret its doctrines and policies consistent with what the Church believes is morally correct. However, for myself, I made a decision to engage in the in vitro process and I personally do not find that it was morally wrong to do so. Nevertheless, I am prepared to accept the legal consequences of my decision.

While I will not be made whole for my economic losses that I suffered based upon the termination of my employment, I do appreciate the fact that a financial contribution will be made to my family to help lessen the financial burden that challenging the termination decision has imposed upon us.

However, most importantly, I want to acknowledge and thank Bishop Zubik for stating on behalf of the Catholic Church that my children who were conceived of in vitro fertilization are welcome into the Catholic Church and are considered as valuable and loved as anyone else's children and a blessing to our community.

In conclusion, I would hope that my decision to ask that this case be dismissed will help bring people closer together rather than to divide them.

Thank you.
Kelly Romenesko

STATEMENT FROM BISHOP DAVID A. ZUBIK

I am grateful that this matter has been resolved. While the practice of in-vitro fertilization is contrary to the teachings of the Catholic Church, children born through this procedure must always be loved by us as they are loved by God. I wish God's love and peace to Kelly and Eric Romenesko and their twin daughters.

Background
In the fall of 2004, The ACES Xavier Educational System in Appleton, Wisconsin, terminated the contract of one its teachers, Kelly Romenesko, for violating the terms of her contract.

The Facts
As part of her signed contract, Ms. Romenesko agreed to uphold the teachings of the Catholic Church and to teach and act in accordance with Catholic doctrine and Catholic moral and social teachings. One of the Church's teachings pertains to in-vitro fertilization. The Church has opposed in-vitro fertilization for approximately 20 years. Its rationale is well-stated in documents such as Donum Vitae (The Gift of Life) in 1987, and the Catholic Catechism (paragraphs 2373-2379). Ms. Romenesko broke her contract by undergoing in-vitro fertilization.

The Case
The Romenesko case is solely about alleged discrimination based upon pregnancy and/or sex. The State has thoroughly investigated the alleged discrimination once and concluded that there was no merit to the allegations.

This case is not about whether the Church has the right to require its teachers to adhere to Catholic doctrine as a condition of employment. The right of religious institutions, including the nation's Jewish, Protestant and Muslim schools, to promote their ecclesiastical teachings without State interference is one of the building blocks of our country.

An administrative law judge heard the appeal October 3 to 5, 2006, at the Outagamie Courthouse. The plaintiff was appealing the State's initial ruling that there was no probable cause of discrimination by the ACES Xavier Catholic School System. The judge is expected to announce his decision at either the end of December or sometime in January 2007.

© 2006 St. Therese of the Little Flower Inc.
Contact Us