It is a modern day David versus Goliath - A teacher at a small village in rural Toledo is taking on the world's largest church and questioning one if it's most guarded traditions.
Like what has happened to many other female teachers, Maria Roches was released from her job as a teacher at Santa Cruz R.C. School last June after it was discovered she had gotten pregnant out of wedlock. But she didn't do what most of the other teachers did, Roches is suing the church. Yes in the landmark lawsuit, the Catholic Church is defending itself before the Chief Justice and has to explain why an unwed mother isn't fit to be a teacher.
Keith Swift reports from the Supreme Court:
[Teachers holding candles and chanting, "Solidarity forever, The union makes us strong."]
On the outside of the Supreme Court, this small group of teachers chanted their union song during a mid-day candlelight vigil in support of Maria Roches. Roches is a former primary school teacher who was inside the Supreme Court making history by taking on the Catholic Church. Yes this one woman is going head to head with the church. Her beef is that she was fired - or 'released' as the church calls it - because she got pregnant out of wedlock - and now she wants her job back.
Maria Roches, Suing the Catholic School Management
"Well I am fighting for my fundamental rights which were violated and abused and I want my job back."
And arguing that case for Roches is attorney Dean Barrow. He says that at least this time - the church is on the wrong side of the law.
Dean Barrow, Attorney for Maria Roches
"My client is seeking a declaration that her being terminated on the grounds of her being pregnant and unmarried is discrimination which is in fact a violation of the constitutional provisions that prevent discrimination on the basis of sex, race, color or creed."
"All of us have to respect the church and especially the Catholic Church but the constitution our country is supreme. And whenever anything that is done is in conflict with the constitution, then citizens have a right to go to court and to have this declared to be so. In my view that is what is happening here."
We may soon know if at least Roches' dismissal was unconstitutional - but Roman Catholic Bishop Dorick Wright says one lawsuit won't change his church. And as for Roches' release - Wright says it is a matter of discipline not discrimination.
Bishop Dorick Wright, Catholic Church
"We are trying to get across that this thing is not discriminatory - its disciplinary. When a person, male or female, is employed to teach in the Catholic school system they sign a contract. If the contract is broken then we ask them to leave. But it is not that they are final, they can go to another school. We don't terminate them we encourage them to elsewhere. But it is not discriminatory; it applies to male and females.
And while it is Roches versus the church - you might think it is political suicide for a politician seeking national office to take on the church - and not just any church but the mighty Catholic Church. Barrow says he accepts the risks involved but believes in his client and this case.
Dean Barrow,
"I recognize the power of the church and especially the roman catholic bishop. But for me this is simply a legal and constitutional issue. I have to concede who the respondent and that respondent is the management of catholic public schools. But I have to focus on the fact that as a lawyer I am obliged to discharge my responsibilities to my client."
"While I have no intent to offend the bishop or the church, I certainly believe very much in my client's case. So if there is a kind of collision, between my wish not to offend the Catholic Church and my duty to my client and a case which I believe in - then the chips will have to fall where they will."
Senior counsel Phillip Zuniga is representing the Catholic Church while Roches is represented by senior counsel Dean Barrow along with Magali Marin-Young.
A major part of Maria Roches' case is that she can't adhere to stipulations of a contract saying she has to live "according to Jesus' principles on marriage and sex" because she didn't sign it. The Catholic schools management produced a contract however Roches denies signing it. And if you are wondering we use the word "release" well that was what was used in the termination letter. Chief Justice Dr. Abdulai Conteh will continue to hear submissions in the morning.
And you can weigh on the debate by voting in our poll on whether the Catholic Church's release of Maria Roches from teaching was justified.