A teacher who refused to use gender-neutral pronouns for a transgender student was sent to Mountjoy Prison for contempt of court.
Enoch Burke was arrested yesterday morning for disobeying a court order not to teach or be physically present at his Westmeath school.
After Judge Michael Quinn made his decision, Mr Burke said: “It is insane that I am being led out of this courtroom to a place of detention, but I will not give up my Christian faith.”
The attorney for the board of Wilson’s Hospital School said it was “with a heavy heart” that she asked for Mr Burke to be sent to prison, but she said her client was given no choice because Mr Burke continued to attend the school despite the court order that required it received last week.
The dispute began over his refusal to address a pupil in transition as ‘she’ rather than ‘he’, as requested by the pupil and his parents in May and approved by the Church of Ireland school.
This escalated to his suspension the day before the start of the fall semester pending the completion of a disciplinary proceeding.
He had refused to take paid leave from school for that suspension, the court heard, and would sit in an empty classroom and explain that he was there to work.
Teacher Enoch Burke (pictured Monday being taken into Garda custody at Bridewell Garda station) was arrested yesterday morning for breaching a court order not to teach or be physically present at his Westmeath school
Mr Burke told Judge Quinn: “I’m a teacher and I don’t want to go to jail. I want to be in my classroom today, that’s where I was this morning when I was arrested.’
He said he loves his students, to whom he teaches German, history and politics, and how to debate.
“I love my school with its motto Res Non Verba, Actions Not Words, but I’m here today because I said I wouldn’t call a boy a girl.”
He added: “Transgenderism is against my Christian faith. This is against the scriptures, the ethos of the Church of Ireland and my school.”
Referring to his suspension, Mr Burke said: “It is extraordinary and reprehensible that any person’s religious beliefs in this matter could ever be used as grounds for an allegation of wrongdoing.
“My religious beliefs are not wrongdoings. They are not gross misconduct. You never will be. you are dear to me I will never deny her, never betray her, and I will never bow to any command that would require me to do so. It’s just not possible for me.’
Enoch Burke (pictured) refused to address a student in transition as ‘she’ rather than ‘he’, as requested by the student and his parents in May and approved by the Church of Ireland school. This escalated to his suspension the day before the start of the fall semester pending the completion of a disciplinary proceeding
Enoch Burke (second from left) had refused to take paid leave from school for that suspension, the court heard, and would sit in an empty classroom and explain he was there to work. Pictured: Kezia Burke, Enoch Burke, Isaac Burke and Ammi Burke in Dublin in 2021 in front of the Four Courts. At the time, the siblings were fighting a case of religious discrimination
He described his suspension as “unreasonable, unjust and unfair”. He added: “The severity of the suspension has been dumbed down. It’s a serious move.
“It has tarnished my good character and reputation, especially in the teaching profession where you are so close to many members of the local community. It leaves a stain on what has been an impeccable teaching record for me.’
Mr. Burke said he had a wonderful relationship with his students, who knew him as a man of “professed morals and convictions.”
He asked how he could go back to school and bend what he thought was “manifestly wrong,” which he also described as “violating my conscience.” Mr Burke told the court he believed that “teachers in this country are being forced to participate… they are being forced to use the pronoun ‘she’ instead of either ‘he’ or ‘she'”.
Rosemary Mallon BL, for the board, said Judge Michael Quinn that her client had no choice but to ask the court to send Burke to jail for violating a court order.
Enoch Burke (centre with his brother Isaac, who is receiving an SCCUL Enterprise Student Award in 2013) told Judge Quinn, “I’m a teacher and I don’t want to go to prison. I want to be in my classroom today, that’s where I was this morning when I was arrested.
The attorney for the board of Wilson’s Hospital School said it was “with a heavy heart” that she asked for Mr Burke to be sent to prison, but she said her client was given no choice because Mr Burke continued to attend the school despite the court order that required it received last week. Pictured: Wilson’s Hospital School in County Westmeath, Ireland
“We are asking for a compulsory injunction, not a criminal injunction. We just want Mr. Burke to comply with the order.
‘… Mr. Burke knowingly violates this order, he is therefore despised and he has made it clear that if he does not go to prison he will attend school [today]and the school’s concerns about the students’ ongoing disruption remain,” she added.
She noted that Mr Burke could present his arguments in court tomorrow when the restraining order obtained last week is due to be reviewed, and at the school’s disciplinary hearing later this month.
Judge Quinn said he was not ruling on the merits of Mr Burke’s arguments regarding his religious beliefs or his suspension, only whether there was a willful violation of a court order.
He said Mr Burke could always remove his contempt by agreeing to the order not to attend or attempt to teach at the school.
Mr Burke was accompanied to court by four Gardaí, his father Seán and his brother Isaac.
