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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 Oakleigh, 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 Australia.
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.
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.
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”.
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