A teacher at the centre of a high-profile legal battle over transgender issues has been ordered to remain in prison over the Christmas period. Enoch Burke will continue his detention in Mountjoy Prison after a High Court judge ruled he had not purged his contempt of court.
The Core of the Legal Dispute
The case stems from a request made in 2022 by the then-principal of Wilson's Hospital School in County Westmeath. The principal asked staff to address a student by a new name and pronoun, a directive which Burke, citing his religious beliefs, refused to follow. This refusal led to his suspension and subsequent dismissal for gross misconduct, sparking a protracted legal dispute with the school's board of management.
Since that initial conflict, the focus of the court's actions has shifted. Burke has been found to have repeatedly trespassed on school property in breach of explicit court orders. He was first jailed in late November for these breaches, and his detention was reviewed in a hearing at the High Court in Dublin on Wednesday.
A Tense Court Hearing and Judicial Rebuke
During the hearing, Mr Justice Brian Cregan issued a stern warning to Burke, who was representing himself and accompanied by family members. The judge stated he would not tolerate interruptions and would have them removed, referencing previous sittings where gardaí were directed to escort the Burke family from the courtroom.
Justice Cregan offered Burke a clear path to freedom: purge his contempt and give an undertaking not to trespass at the school. Burke, however, declined. He maintained that his imprisonment was due to his religious beliefs concerning transgenderism and stated he had a "clear conscience". The judge firmly rejected this characterisation, labelling it "nonsense" and emphasising that the contempt was solely for breaching a valid court order, not for his beliefs.
"The irony of the situation," Justice Cregan remarked, "is that if he had remained outside of the school gates, he would not have been in prison for a single day." He told Burke he was the "only one wasting taxpayers' money" through his continued defiance.
No Special Treatment Over the Festive Period
In a significant development, the judge vacated a planned review date of December 18 and set a new one for March 3, 2025. He stated that Burke would not be released until he purged his contempt and explicitly ended what he implied was past preferential treatment.
"You will now be treated like every other person engaged in contempt of court and breaches of contempt of court," Justice Cregan declared. "They do not get out at Christmas or Easter and I do not know why you have been granted that preferential treatment in the past."
Burke responded that he had never asked for preferential treatment or a "Christmas gift", asserting he only sought truth. The judge retorted that this was "a bit rich with all the lies you have told".
The court also dealt with matters of legal costs, which were awarded to the school's board of management and a court-appointed receiver. Furthermore, Burke indicated his intention to file an appeal to the Supreme Court to challenge a Court of Appeal judgment related to his disciplinary case, which he claims contradicts an earlier ruling.
