17c起草社区

A non-binary teacher in Melbourne has taken legal action against Catholic school authorities after being refused recognition of their correct name and pronouns 鈥� a case that could have national implications for 17c起草社区IA+ anti-discrimination protections in faith-based schools.

Mathematics teacher Myka Sanders, supported by the Independent Education Union (IEU), asked Sacred Heart Girls College in Oakleigh in Melbourne to respect their gender identity and pronouns.

They lodged the case against Melbourne Archdiocese Catholic Schools (MACS) after two years of repeated requests for their pronouns to be respected were denied.

MACS reportedly said it went against 鈥渢he ideas of Catholic anthropology鈥�.

Instead of resolving the matter, MACS has argued that federal laws give religious employers the right to sidestep state-based anti-discrimination protections.

The case will be heard next month in the Magistrates Court and could ultimately be escalated to the High Court.

IEU says 鈥淭his fight goes beyond one educator鈥�

The IEU has thrown its full support behind Sanders, describing the case as a crucial test of whether protections for staff in faith-based schools will hold.

In a statement delivered to 17c起草社区, Deputy General Secretary Kylie Busk said the case underscored 鈥渢he urgent need for the federal government to deliver on its commitment to close legal loopholes.鈥�

鈥淭his fight goes beyond one educator. If conservative forces succeed, it could dismantle workplace protections for staff in faith-based organisations nationwide. The harm this causes both staff and students is undeniable,鈥� Busk said.

Busk added:

鈥淭he IEU stands against discrimination and is deeply concerned that in 2025 an employer would refuse to use the correct gender identity, title and pronouns for an employee. What is even more troubling is that Melbourne Archdiocese Catholic Schools is using this case to challenge significant parts of Victoria鈥檚 Equal Opportunity legislation.鈥�

In a press release, Sanders said their fight was about more than personal recognition:

鈥淚鈥檓 fighting not just for myself, but for those around me and those who come after me. That鈥檚 the point of the union.鈥�

Equality Tasmania: 鈥淎n unnecessary battle鈥�

The case has also drawn attention in Tasmania, where advocates say similar disputes could emerge.

Equality Tasmania spokesperson Rodney Croome said:

鈥淭asmanian Anti-Discrimination Act has protected LGBTIQA+ teachers and students from discrimination in faith-based schools for 26 years and it is extremely disappointing the Church has now decided to disobey those laws using the rationale that weaker federal laws should override state protections.鈥�

鈥淭he federal Sex Discrimination Act actually says 鈥榥othing in this law limits the operation of a state or territory law鈥�. It鈥檚 clear from that clause alone that Tasmania鈥檚 law prevails.鈥�

He warned that the Church鈥檚 stance sends a damaging signal:

鈥淭he Church鈥檚 new-found defiance of discrimination law sends the message to LGBTIQA+ teachers and students who have previously felt valued members of the school community that they no longer have a place.鈥�

Equality Tasmania confirmed it is seeking legal advice on a potential Tasmanian case 鈥渁long similar lines to the Victorian case鈥� and encouraged anyone who has experienced discrimination to come forward.

Broader implications

Both the IEU and Equality Tasmania say the dispute highlights the urgent need for national consistency. While Victoria and Tasmania have strengthened protections preventing faith-based schools from discriminating against teachers based on gender identity, sexuality, or marital status, federal law still allows broad exemptions.

The Albanese Government promised reform before the 2022 election but has so far not moved forward with its pledge to limit those exemptions.