Today, a teacher who was incarcerated for refusing to use a transgender student’s preferred gender-neutral pronoun and ignoring his teaching suspension will appear in court to appeal for his release.
Enoch Burke, an evangelical Christian, has spent more than a week in Dublin’s Mounjoy jail after refusing to abide by an injunction prohibiting him from teaching at his Irish school.
Mr. Burke, a History and German teacher, was suspended from Wilson’s Hospital School in Co. Westmeath for refusing to address a transitioning student as ‘they’ rather than ‘he’, as requested by the student and their parents in May, and as agreed by the Church of Ireland school.
Mr. Burke was then arrested and jailed on Monday of last week for violating a temporary court order prohibiting him from teaching at the school and being physically present there.
Ireland’s High Court heard that the teacher had refused to take paid leave and would sit in an empty classroom, insisting that he was there to work.
Mr. Burke is scheduled to return to court today to contest the school’s decision to suspend him, alleging that there was no legal basis for the suspension.
Enoch Burke, an evangelical Christian, has spent more than a week in Dublin’s Mounjoy jail after refusing to abide by an injunction prohibiting him from teaching at his Irish school. Pictured: Mr. Burke arrived at the Dublin High Court on September 7
Mr Burke, a History and German teacher, was suspended from Wilson’s Hospital School in Co Westmeath (pictured) for refusing to address a transitioning student as ‘they’ rather than ‘he’, as requested by the kid and their parents in May, and as agreed upon by the Church of Ireland school.
The teacher was isolated for ten days after refusing to take a Covid test at the prison, according to the Sunday World. In accordance with the current criteria, if a prisoner refuses to take a test, he or she must be placed in isolation for ten days.
Mr. Burke appeared before the High Court last week and stated that abiding by the injunction prohibiting him from teaching at his school because he refused to refer to a transgender kid as “they” would “violate my religious beliefs and reject my God.”
Last Monday, Mr. Burke told the judge, “I can be a Christian in Mountjoy Prison or a pagan who accepts transgenderism outside of it.”
Mr. Burke informed the court that he does not intend to comply with the injunction.
He told the judge, “If this court rules in my favor, I will never leave Mountjoy Prison if, by doing so, I break my well-informed conscience and religious beliefs and deny God.”
“It appears to me that I may be a Christian in Mountjoy Prison and a pagan and transgenderism supporter outside of it.” I know where my place is.
God-willing, my faith has brought me to that location and will keep me there.
He informed the court that he would respond the same way if the question was posed to him “every hour of every day for the next hundred years.”
Mr. Burke further stated, “This court is attempting to strip me of my religious convictions.”
In addition, he said there was a “illegal endeavor” to harass him for expressing his objection to transgenderism, and that the court was denying him his liberty and dignity.
He added, “I have had a great deal of time to reflect on my actions and behavior that brought me to that place, and far from finding any instances of misconduct, let alone gross misconduct, I only found my actions to be commendable and that I had the courage to tell the principal that transgender was a violation of my constitutional rights to free expression of religious beliefs.”
He told the court that what was being asked of him was “contrary to God’s work.”
The teacher (seen on the left arriving in court on September 7) was suspended from his Westmeath school for refusing to address the transitioning kid as ‘they’ rather than ‘he’, as requested by the student and their parents in May and agreed upon by the Church of Ireland school.
Mr. Burke stated that the principal’s ‘demands’ compelled him to engage in transgenderism.
In addition, he stated that this requirement deprived him of his religious views.
According to my religious beliefs and the Bible, I cannot participate in that activity because it is manifestly wrong.
“I have deemed my activities commendable because I have the moral courage to obey God rather than man.”
“My religious belief is that there are two genders, and our constitution accommodates this viewpoint.”
It ensures the freedom to hold beliefs.
He said, “This court cannot rob me of my religion, my dignity, or my confidence in God, and I intend to hold on to these things.”
Barrister Rosemary Mallon, counsel for the school’s board of directors, stated that Mr. Burke’s comments made it “extremely plain” that he does not plan to comply with the court order.
She stated that he intentionally and deliberately disobeyed the directive.
She further stated that the school had no choice but to pursue legal action as a result of his continued court.
Ms. Mallon stated that the case did not concern transgenderism.
She stated that she sought an interlocutory injunction because Mr. Burke disregarded the nature and impact of the legal decision to suspend him with full pay until the result of the disciplinary meeting.
The court was informed that the case meets the criteria for prohibitory interlocutory remedy and that damages are insufficient.
The court was informed that the school principal had “severe concerns” regarding Mr. Burke’s alleged behavior and conduct.
This has nothing to do with his ideas. He may dispute about his ideas, but the issue is his alleged behavior,’ noted Ms. Mallon.
She stated that the decision to send him on paid administrative leave was legal, and that it prevented him from attending school.
Ms. Mallon said, “I also suggest that Mr. Burke, in opposing this application, is asking the court to intervene with the disciplinary process.”
Mr. Burke is requesting that the court intervene and order that the suspension not take effect. Permit me to sit in the classroom and instruct.
This court does not have the authority to intervene at such an early stage of the disciplinary process.
Mr. Justice Max Barrett consented to the continuation of the interlocutory injunction, stating that the issue was unrelated to transgenderism.
Last week, teacher Enoch Burke (seen on September 5 being brought into Bridewell Garda station by Garda custody) was detained for violating a court order not to teach at or be physically present at his Westmeath school.
A High Court judge committed Mr. Burke to Mountjoy Prison in Dublin on Monday of last week after he violated a temporary court order to stay away from the school.
Mr. Burke stated, in response to Judge Michael Quinn’s ruling last week, “It is craziness that I will be escorted from this courthouse to a place of jail, but I will not abandon my Christian beliefs.”
Mr. Burke told Judge Michael Quinn, “I am a teacher, and I do not wish to go to prison.” I want to be in my classroom today, as I was there when I was arrested this morning.
“I love my school, with its motto Res Non Verba, acts not words, but I am here today because I promised not to call a male a girl,” he stated.
He continued, “Transgenderism contradicts my Christian beliefs.” It is opposed to the Bible, Church of Ireland doctrine, and the spirit of my school.’
Referring to his suspension, Mr. Burke stated, ‘It is astonishing and abhorrent that a person’s religious beliefs on this issue could ever be used as a basis for an allegation of misbehavior.
My religious convictions are not contrary to the law. They are not gross infractions. They will never be. They are important to me. I will never deny or betray them, nor will I ever submit to an order that compels me to do so. It is simply impossible for me to do so.
He characterized his suspension as irrational, unfair, and unjust. He went on to say, “The gravity of suspension has been diminished.” It is a significant step.
“It has ruined my good character and reputation, especially in the teacher profession, where one is so close to so many members of the local community.” It taints what has been, for me, an otherwise flawless teaching record.
He questioned how he could return to school and submit to something he thought to be ‘obviously wrong’ and a breach of his conscience. Mr. Burke told the court that, in his opinion, teachers across the nation are being compelled to use the pronoun “they” instead of “he” or “she.”
Enoch Burke (shown in the center with his brother Isaac in 2013 earning an SCCUL Enterprise Student Award) informed Judge Quinn, “I am a teacher and I do not want to go to prison.” I want to be at my classroom today, because I was arrested there this morning.
Rosemary Mallon BL, representing the board of directors, explained to Judge Michael Quinn that her client had no choice but to request that Burke be sent to prison for violation of a court order.
Judge Quinn stated that he was not judgment on the merits of Mr. Burke’s arguments on his religious belief or his suspension, but rather on whether there had been a willful violation of a court order.
He was sentenced to Dublin’s Mountjoy prison.
The suspended teacher is one of ten siblings whose evangelical mother, Martina Burke, home-schooled them all.
The patriarch’s mother established Burke Christian School in Castlebar, which she promotes in local newspapers.
The Burkes are a prominent Mayo family who have previously campaigned and protested against the abortion referendum and marriage equality.
Some family members have also been involved in high-profile legal cases, including an appeal to the highest court regarding religious discrimination.
During the epidemic, the family protested against Mayo University Hospital by posting posters in the Castlebar Market Square.
According to the Irish Independent, the evangelical family has also campaigned against gay marriage and Castlebar’s Gay Pride celebration.
Mrs. Burke referred to LGBT+ training for school leaders as “immoral” and “stigmatizing modesty and inhibitions” four years ago.
In addition, four of her children, Ammi, Enoch, Isaac, and Kezia Burke, lost a legal case against the University of Galway based on their views on gay marriage last year.
Martina Burke, a mother of 10 and a certified teacher, established Burke Christian School in Castlebar.
Kezia Burke, Enoch Burke, Isaac Burke, and Ammi Burke are pictured in front of the Four Courts in Dublin in 2021. The siblings fought a religious discrimination case at the time.
After distributing anti-gay marriage pamphlets, they were permanently barred from joining the organization’s societies.
According to the Irish Independent, the college stated that the prohibition had nothing to do with religion in response to the siblings’ claims of religious discrimination.
During Ireland’s abortion referendum, the Burkes often demonstrated in front of the constituency office of then Taoiseach, prime minister Enda Kenny, according to the daily.