Anti-trans teacher who breached High Court order to remain in prison
An evangelical Christian who refused to call a transgender student ‘they’ has been told he will remain in prison after defying a senior judge.
Enoch Burke was locked up after breaching a court order compelling him not to attend the school he works at following his suspension.
He was placed on gardening leave pending a disciplinary process over his stance on trans issues and was imprisoned on Monday for refusing to abide by the court’s instruction.
Burke, who works at Wilson’s Hospital School in Co Westmeath, told a High Court judge he would continue to ignore the order and so was sent back to his cell.
Mr Justice Max Barrett said the matter was not about transgenderism but rather his refusal to obey the terms of the suspension and the court-ordered injunction.
But Burke sought to frame it as a religious freedom dispute, saying: ‘If this court so determines, I will never leave Mountjoy Prison if in leaving the prison I violate my well informed conscience and religious belief and deny my God.
‘It seems to me that I can be a Christian in Mountjoy Prison or be a pagan and acceptor of transgenderism outside of it. I know where I belong.
‘My faith has led me to that place and will keep me there.’
He told the court that if that choice was put to him ‘every hour of every day for next 100 years’, he would answer the question the same, adding: ‘This court is seeking to deprive me of my religious beliefs.’
Barrister Rosemary Mallon, counsel for the school’s board of management, said that it was ‘very clear’ from Mr Burke’s commentary that he does not intend to abide by the court order and had ‘knowingly and wilfully’ breached it.
She also said that the school was left with no option but to pursue court action when he continued to attend the school despite his suspension and a judge’s decision.
The court was told that the school principal had ‘serious concerns’ about Mr Burke’s behaviour and his alleged conduct.
Ms Mallon continued: ‘Mr Burke is asking the court to interfere and to say “don’t let the suspension have effect. Let me to sit in classroom and teach”.
‘That is interfering and it is not the function of this court to do at such an early stage of the disciplinary process.’
The judge adjourned the matter to next Wednesday.
He said that Mr Burke could come back to court before then if he wanted to purge his contempt.
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