Why the IEU supports Myka Sanders in landmark discrimination case
IEU General Secretary David Brear says the union is backing non-binary educator Myka Sanders against their religious employer because Australia needs stronger anti-discrimination protections.
He says the IEU, and many other lobby groups have a simple goal in their campaign supporting Myka: “Strengthen the federal acts to make it unlawful for faith-based employers to discriminate”.
“Myka is standing up not only for their own rights, but for the rights of everyone working for a faith-based employer. This case matters well beyond Victoria, and if we cannot defend anti-discrimination laws here, similar protections around the country will also be at risk.”
Mathematics teacher Myka is suing Melbourne Archdiocese Catholic Schools (MACS) after Sacred Heart Girls College refused for two years to respect their chosen pronouns. The case, testing whether federal law lets religious employers bypass state anti-discrimination protections, goes to the Magistrates Court next month and could reach the High Court. When the IEU alerted media about the case, major agencies hurried to cover the story.
David says many Catholic schools do not take the MACS stance.
“I know plenty of Catholic schools that welcome transgender students and staff, making them feel supported and part of the community like everyone else.
“But instead of using this case to show genuine support for inclusivity – and recognising how powerful role models like Myka can be for students – this employer is trying to shut it down and deny that non-binary people even exist.”
“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.
“Someone’s gender identity is a deeply personal and important thing. Calling someone by their preferred pronouns is not a hard thing to do, but it matters a lot for the person asking for those pronouns to be used.”
David says the most powerful way we can signal our acceptance of non-binary students is to support “articulate, educated role models like Myka”.
Anti-discrimination, not anti-faith
David says the IEU supports faith-based education, but not discrimination. He notes that roles like school chaplain understandably require adherence to the faith. However, Myka teaches Maths and Physics, where there is no requirement to be Catholic.
“The reality of course is that there are thousands of divorced and gay staff working in Catholic schools as well as a growing number of transgender staff – and many of them are in leadership positions. These people are great educators and Catholics.”
“Really, if the Catholic church excluded everyone on a strict application of the teachings of the church there’d be no one at a school to unlock the school gate in the morning!”
Media coverage of Myka’s case:
Background to the case
The IEU campaigned for many years to win the vital and long-overdue improvements to Victorian equal opportunity legislation now being challenged. Reforms achieved in 2022 prevented faith-based employers from discriminating against people on the basis of their personal attributes, except where an employer could prove that these factors were an inherent requirement of a specific role. Losing these protections would be a real and harmful step backward, reopening the door to faith-based employers discriminating on attributes including pregnancy, marital status, sexual orientation or gender identity.
David says religious bodies cannot expect special treatment.
“Taxpayers fund Catholic schools and rightly expect them to operate in a way that is compatible with contemporary community standards. Parents who choose Catholic schools want the best teachers for their children, but allowing discrimination on irrelevant grounds means schools are not always hiring or promoting on merit – and ultimately it’s students that lose out.
“What MACS seems to be ignoring is that most Catholic school communities already proudly affirm LGBTQ teachers and students without compromising their ethos. School leaders know how important it is that their students have a range of positive role-models and embrace diverse hiring practices for this reason. Inclusive Catholic schooling is not only possible - it’s already happening.
“This is an important case for us all. The principle is simple: workers should be treated fairly and on merit, not judged on personal attributes unrelated to their work. Anti-discrimination laws exist to ensure fair treatment in life, including in employment and education, and we must fight to protect them.
“There is another way this matter could be resolved. We call on the Albanese Government to honour its 2022 election commitment to strengthen federal anti-discrimination protections, bringing them into line with states such as Victoria and Tasmania. Australians overwhelmingly support equality in schools, and it is time for federal law to reflect that.”
Myka’s case is listed for its next hearing in the Magistrate’s Court Wednesday 8 October. We will keep members informed about this important legal battle.
