New legal fight will test the right of non-binary staff at religious schools to use Mx pronouns
A Catholic school teacher is fighting for their right to be called Mx rather than Mr in a case set to test federal discrimination laws in religious schools.
The right of religious schools to discriminate against gender diverse staff is set to be tested in court, with a non-binary teacher fighting to use the Mx pronoun.
Myka Sanders, a maths teacher at Sacred Heart Girls’ College in Oakleigh, has been fighting for two years to be recognised as non-binary, with the Catholic education body arguing it “went against “Catholic anthropology”.
The case, which will be heard in the Melbourne Magistrates Court next month, could end up in the High Court as a test case of federal laws allowing religious schools to discriminate on the basis of pregnancy, marital status, gender identity or sexual orientation.
The issue was first raised two years ago by Mx Sanders at a support meeting for queer students. They told the principal afterwards: “I too am non-binary”.
“I asked if the school could change my title from “Mr” and use the right pronouns on timetables, emails, and so on,” they said.
The teacher was told by the principal to “book a meeting” before being reprimanded for using they/them pronouns. “I was told off for having pride stickers on my laptop and for handing out stickers to students who wanted them,” Mx Sanders said.
The principal said the final say on the matter rested with the Melbourne Archdiocese Catholic Schools (MACS), the body that runs the school.
The request was denied by MACS, with the Independent Education Union (IEU) taking the case to the Victorian Civil and Administrative Tribunal, which ended up in the Magistrates Court for jurisdictional reasons.
It’s understood MACS argued using the Mx pronoun represented an “ideological shift from Catholic teaching”, with the staff member unable to “uphold the vision and mission of the Catholic school”.
Mx Sanders said they are “fighting not just for myself, but for those around me and those who come after me”.
Brad Hayes, federal secretary of the IEU national branch, said both “employees and students will continue to face discrimination in faith-based schools until federal laws are updated to provide consistent national protections.
“Staff and students in these schools deserve the same rights that exist in all other parts of our community.”
Mr Hayes said the federal ALP government committed to fixing these laws back in 2022, a move backed by the Australian Law Reform Commission.
“There is absolutely no reason for further delay,” he said.
Mr Hayes said teachers in religious schools have been “dismissed for falling pregnant while unmarried, pressured to resign for undertaking IVF treatment, and forced out for being in committed same-sex relationships”.
“School staff should be judged on their work and professionalism – not on whether their private lives conform to a particular religious doctrine,” he said.
A MACS spokeswoman said: “Melbourne Archdiocese Catholic Schools seeks to create a supportive environment for staff, students and parents and treats all individuals with respect and dignity.”
“Myka Sanders remains a valued and respected member of the teaching staff at Sacred Heart Girls’ College. As legal proceedings are underway, MACS will not make further comment at this time.”
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Originally published as New legal fight will test the right of non-binary staff at religious schools to use Mx pronouns
