Non-Binary Teacher Launches Landmark Case Against Catholic School Group Over Pronouns

A non-binary teacher in Melbourne has taken legal action against Catholic school authorities after being refused recognition of their correct name and pronouns — a case that could have national implications for LGBTQIA+ 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 “the ideas of Catholic anthropology”.

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 “This fight goes beyond one educator”

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 Star Observer, Deputy General Secretary Kylie Busk said the case underscored “the urgent need for the federal government to deliver on its commitment to close legal loopholes.”

“This 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,” Busk said.

Busk added:

“The 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’s Equal Opportunity legislation.”

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

“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.”

Equality Tasmania: “An unnecessary battle”

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

Equality Tasmania spokesperson Rodney Croome said:

“Tasmanian 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.”

“The federal Sex Discrimination Act actually says ‘nothing in this law limits the operation of a state or territory law’. It’s clear from that clause alone that Tasmania’s law prevails.”

He warned that the Church’s stance sends a damaging signal:

“The Church’s 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.”

Equality Tasmania confirmed it is seeking legal advice on a potential Tasmanian case “along similar lines to the Victorian case” 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.