Irish Teacher Who Refused to Address Student by Preferred Gender Will Spend Christmas in Jail, Court Rules
Enoch Burke, an Irish teacher, will remain in Mountjoy Prison over the Christmas period after being jailed last month for contempt of court, a judge has confirmed.
Burke, who worked at Wilson’s Hospital School in County Westmeath, has been imprisoned since late November for repeatedly breaching a court order prohibiting him from trespassing on school grounds. The dispute began in 2022 when the school’s principal requested that Burke address a student by a new name and pronoun.
During a High Court hearing in Dublin on Wednesday, Mr. Justice Brian Cregan told Burke, who was representing himself, that any disruptions by family members would not be tolerated and that he could be immediately returned to prison if he stepped out of line. The judge allowed Burke to attend the hearing remotely.
The court offered Burke the opportunity to purge his contempt by agreeing not to enter the school grounds again. However, Burke refused, insisting it was “very important” to make clear that he did not accept being in contempt of court. He argued that his imprisonment was due to his religious beliefs regarding transgender issues and maintained that he had a “clear conscience.”
Justice Cregan dismissed these claims, stating that while Burke had the right to his religious beliefs, he had been dismissed from the school for gross misconduct. The judge emphasized that Burke’s contempt was a separate matter from the original dispute and stemmed entirely from breaching the court order.
“The irony is, if you had stayed outside the school gates, you would not have spent a single day in prison,” Justice Cregan said. He further noted that no amount of wishing would erase Burke’s contempt, as the order had not been appealed.
Burke criticized the court and school, claiming three-and-a-half years of his life and taxpayers’ money had been wasted. The judge rejected this, stating that Burke alone was responsible for wasting resources and confirmed that he would not be released until he purged his contempt. A new review date for the case was set for March 3.
Additionally, the court heard applications regarding corrections to the language in the judgment, costs, and the scheduling of a disciplinary hearing for Burke. Burke also stated his intention to appeal to the Supreme Court to resolve contradictions in previous Court of Appeal judgments, which he argued were relevant to his upcoming Disciplinary Appeals Panel hearing.
Justice Cregan reminded Burke that he could choose to purge his contempt at any time, but until then, he would continue to be treated like any other individual in contempt of court.
