Non-binary teacher takes Catholic school group to court over refusal to use preferred pronouns

3 hours ago 2

A non-binary teacher at a Melbourne Catholic school says they will take a fight to have their preferred pronouns used in the workplace all the way to the High Court.

The teacher’s union, which represents 75,000 educators from Australian religious schools, says the case could open the floodgates to gender and sex discrimination disputes around the country.

Myka Sanders is taking the Catholic schools authority to court over the refusal to use their preferred pronouns.

Myka Sanders, a teacher at Sacred Heart Girls’ College in Oakleigh, asked the school two years ago to remove the title “Mr” and use their preferred pronouns on timetables, emails and correspondence at the school.

The Melbourne Archdiocese of Catholic Schools (MACS) intervened and refused the request, the Independent Education Union said.

Sanders has lodged a dispute at the Victorian Civil and Administrative Tribunal with the backing of the union.

But MACS, the largest Catholic employer in the state, deployed a jurisdictional argument, claiming the state legislation that was relied on in the application to VCAT was overridden by federal law, so it could not be heard by the Victorian tribunal.

The state’s Equal Opportunity Act protects LGBTQ+ Victorians from discrimination in religious schools, except in limited circumstances considered “proportionate”.

The federal Labor Party promised before the last election to limit exemptions in the Sex Discrimination Act for faith-based employers that discriminate against school staff. However, the Albanese government has yet to legislate that change and the broad exemptions for religious schools remain in place.

Sanders’ case will be heard in October in the Melbourne Magistrates’ Court, where a decision will be made on whether the state or federal legislation applies.

But the union is already preparing for a bigger fight, one which could “open the floodgates not just for our members across two states, but across the country for anyone employed by a faith-based organisation”, according to deputy general secretary Kylie Busk.

“We came out of that VCAT hearing essentially looking at potentially needing to run something through to the High Court because the constitutional element is really significant.”

She said uncertainty around the issue of discrimination had been lingering as the federal government had not passed previously proposed legislation.

“The harm this causes both to staff and to students is undeniable.”

Sanders said it would be easier for them to work elsewhere, but they are fighting for those who don’t have that choice.

“I don’t know how many people are willing to fight like I am, but I know many who won’t or can’t. It’s not easy, and it’s not cheap. I’m fighting not just for myself, but for those around me and those who come after me. That’s the point of the union,” they said.

“Students sometimes come out to me because they don’t know who else is safe [to talk to]. I’m one of the visibly safe teachers because I wear pride badges, have stickers, and use they/them pronouns.

“Some [students] don’t feel safe coming out at home. Some want to become teachers themselves but have already said they would hide their identities if they worked here because they fear being vilified.”

A Melbourne Archdiocese of Catholic Schools spokesperson said the organisation sought to create a supportive environment for staff, students and parents, and treated all individuals with respect and dignity.

“Myka Sanders remains a valued and respected member of the teaching staff at Sacred Heart Girls’ College,” she said.

“As legal proceedings are under way, MACS will not make further comment at this time.”

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