Teacher takes legal action against Melbourne Catholic school group over refusal of pronouns
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Version 0 of 2. State and federal anti-discrimination laws on collision course as Sacred Heart Girls College in Oakley refuses to recognise Myka Sanders’ gender identity Get our breaking news email, free app or daily news podcast The Melbourne Archdiocese Catholic Schools (Macs) has refused to let a non-binary teacher use their preferred pronouns and title, in a case that has put state and federal anti-discrimination laws on a legal collision course. Two years ago, non-binary teacher Myka Sanders – who uses they/them pronouns and Mx for their title – asked Sacred Heart Girls College in Oakley, Melbourne if their gender identity could be recognised at school. Their employer, Macs, refused, saying it went against “the ideas of Catholic anthropology”. Macs is the sixth largest education organisation in the country. Sign up: AU Breaking News email The Independent Education Union (IEU), which is supporting Sanders, took the matter to the Victorian Civil and Administrative Tribunal over the school applying what they believed were unlawful actions against Myka. But Macs successfully argued its defence relied on federal legislation so could not be heard by the tribunal. The matter is scheduled to be heard in the magistrates court next month. Macs has allowed Sanders to use their chosen name, which appears on their ID and birth certificate, but has refused to use their pronouns and deliberately continued to use he/him, in certain instances, such as meeting minutes, Sanders said. “I love working with the staff there. I love working with the students. It’s great, but it’s also really depressing, because I’m not allowed to be me,” Sanders told Guardian Australia. LGBTQ+ Victorians are protected from discrimination in religious schools by the state Equal Opportunity Act. The act prohibits religious bodies from discriminating against someone on the basis of their identity, unless it is deemed “proportionate”. But federally, the sex discrimination act holds broad exemptions for religious schools. Ruth Gaze, a discrimination law expert at Melbourne University, said most of the time state and federal anti-discrimination laws work in harmony, with conflict between the two largely uncharted. “Because both laws deal with nominally the same area, which is sex discrimination based on gender identity and employment, the question is: which law prevails?” she said. Gaze said the case could be an unprecedented test, with ramifications for both sides. If the court decides the Equal Opportunity Act applies, “then the churches will come in and start lobbying the Victorian government in a big way” to adopt an exception, Gaze said. But if the court decides the act doesn’t apply, “then people in the gender [diverse] community, and in fact, all of those vulnerable communities, will then face discrimination at work in schools again”. While the federal debate around religious discrimination has stalled, the union said this case highlighted why changes need to be made. The general secretary of the Independent Education Union Victoria Tasmania, David Brear, said the IEU was “deeply concerned that in 2025” an employer would refuse to use the correct gender identity. “What is even more troubling is that Melbourne Archdiocese Catholic Schools is using this case to challenge significant parts of Victoria’s Equal Opportunity legislation.” Brear said the case could have national ramifications. He called on the Albanese government to “uphold its 2022 election promise” and bring federal legislation into line with states like Victoria and Tasmania. “Myka is standing up not only for their own rights, but for the rights of everyone working for a faith-based employer,” Brear said. “This case matters well beyond Victoria, and if we cannot defend anti-discrimination laws here, similar protections around the country will also be at risk.” In a statement, Macs would not comment as “legal proceedings are under way” but it said all individuals of the school community were treated with respect and Sanders “remains a valued” member of staff. ‘Gut-wrenching’ In an email sent to Sanders in April 2024 and seen by Guardian Australia, the organisation said titles such as Mx went against “Catholic anthropology”. “This personal decision by a staff member has consequences that affect the whole school community, as the decision illustrates an ideological shift from Catholic teaching and an inability of the staff member to uphold the vision and mission of the Catholic school,” it reads. Sanders, who has worked at the school since 2022, said they were still trying to sign off on emails as Mx, but the school’s leadership has intervened, telling them to stop “It’s gut-wrenching every time I see a colleague get married, or there’s a change of name or title,” Sanders said. “They get to do it without any issue whatsoever, but I’m not allowed to.” They said if they had the opportunity to use their correct pronouns, it would “feel like the first time” they could “properly breathe out” since they had started working at the school. |