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D is a private, non-diocesan Catholic school. Students range in grade from pre-kindergarten to high school. Ursuline provides an education from a Catholic perspective. In June of 2001, P began teaching four English classes and a Religion class to 7th and 8th graders. Eighteen months later, on the thirtieth anniversary of the Supreme Court's decision in Roe v. Wade, she lent her name to an advertisement in support of that decision, signed by some six hundred individuals and organizations. The advertisement, which ran in the News-Journal, a newspaper of general circulation in Wilmington, Delaware, stated: Thirty years ago today, the U.S. Supreme Court in Roe v. Wade guaranteed a woman's right to make her own reproductive choices. That right is under attack. We, the undersigned individuals and organizations, reaffirm our commitment to protecting that right. We believe that each woman should be able to continue to make her own reproductive choices, guided by her conscience, ethical beliefs, medical advice, and personal circumstances. We urge all Delawareans and elected officials at every level to be vigilant in the fight to ensure that women now and in the future have the right to choose. P was called into the office of Griffin, the President of D. Griffin informed Curay-Cramer that the school was not happy with P's public position and was going to terminate her. P asserted her right to protest without retribution the school's stance on abortion. P was given an opportunity to resign or keep her job if she immediately and publicly recanted her support of the advertisement and stated unequivocally that she was pro-life. P refused. She was fired. P sued Ds for state and federal claims. The District Court granted Ds' motions to dismiss under FED. R. CIV. P. 12(b)(6) after concluding that applying Title VII and the PDA would raise serious constitutional questions and that Congress did not manifest a clear legislative intent that Title VII be applied in a case like P's. P appealed.

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