FORT WAYNE, Ind. (AP) — The Diocese of Fort Wayne-South Bend has asked a judge to dismiss a lawsuit filed by a former schoolteacher who says was fired for trying to get pregnant through in vitro fertilization.

<span style=”font-size: 18px;”>The request for summary judgment filed Thursday contends that exemptions for religious employers preclude it from being sued because the decision to not renew Emily Herx's contract was based on religion. The Journal Gazette reports that U.S. District Judge Robert L. Miller Junior is expected to either grant summary judgment for the diocese or the case will head to mediation or trial.

Herx sued the diocese in spring 2012. Herx suffers from infertility, a protected disability under the Americans with Disabilities Act. She argues her termination violated the Civil Rights Act and the Americans with Disabilities Act.