Recent press reports (such as this one from the Guardian) say that an employed teacher at a Victorian Roman Catholic school has taken action against the school for “gender identity” discrimination. The school apparently has refused to allow the teacher, Myka Sanders, who identifies as “non-binary”, to use “Mx” as a title (instead of the usual “Mr”). The school has referred to the teacher as “he” rather than using “they” as a preferred pronoun.

The complication in the action is that it seems that the school, Sacred Heart Girls College in Oakleigh, Melbourne, run by Melbourne Archdiocese Catholic Schools (MACS), has raised the fact that the Commonwealth law on this issue of “gender identity discrimination”, would allow the school to operate in accordance with its religious ethos and affirm their view that there are only 2 genders (corresponding to biological sex). So the case has the potential to require the courts hearing the matter to address the question (not so far resolved) whether an organisation can rely on a religious freedom right granted by Commonwealth law, if that right is not recognised by State law. I will explain here why I think this argument made by MACS is correct and any action against the school should fail.

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