Transgender row teacher Enoch Burke has failed in his bid to be released from Mountjoy Prison - after arguing that the disciplinary proceedings brought against him by the school were “unlawful and unconstitutional”.
The evangelical Christian has been in prison for over a week after he breached an injunction barring him from attending the school where he works.
Mr Burke’s dispute with Wilson’s Hospital School in Multyfarnham, Co Westmeath, began when staff were asked to refer to a student who wanted to transition with the they/them pronouns.
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Mr Burke, who claims that transgenderism is against his strong religious beliefs, refused to do so and later publicly confronted the principal to voice his opposition to using the pronouns.
He was put on administrative leave pending a disciplinary process over this “outburst”, but Mr Burke continued to attend the premises, leading the school to get a court injunction preventing him from doing so.
The High Court jailed the teacher last Monday for breaching this injunction, and he has remained in Mountjoy since then.
Yesterday Mr Burke, who represented himself with the help of his brother Isaac, asked the court for injunctions halting the schools’ disciplinary process which he said is “unconstitutional and unlawful”.
He said the decision to put him on paid leave was “unreasonable, unfair, unjust and unlawful” and said it would be “unconscionable” to allow a disciplinary hearing to proceed in Mullingar on Wednesday, 14 September, or any other date.
“I should be going home with my father and my brother this evening,” Mr Burke, who was brought to court from Mountjoy Prison, said.
He added that he wanted to be back in the school.
Barrister Rosemary Mallon, acting for the school, told the court that after Mr Burke had very clearly indicated last week that he would not be purging his contempt it was decided not to go ahead with the disciplinary meeting scheduled for Wednesday.
She said if Mr Burke had contacted the school’s solicitors, he would have known the hearing was not going ahead.
She said there was “no need for the urgency we were all brought to the court today”.
She said Mr Burke would be given notice of any hearing taking place.
Mr Justice Conor Dignam said it was not necessary for him to grant three of the injunctions sought by Mr Burke to prevent a disciplinary hearing because at the outset today, the school said the scheduled hearing was not going ahead.
He adjourned Mr Burke’s application for an injunction preventing him from being put on administrative leave or continuing to be on administrative leave.
The matter will come before the court again tomorrow .
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