Teacher sent to prison for contempt of court
A teacher who refused to use gender-neutral pronouns for a transgender student has been sent to Mountjoy prison for contempt of court. Enoch Burke was arrested for breaching a court order not to teach at his school, or be physically present there.
The dispute began over Burke’s refusal to address a transitioning student as 'they' rather than 'he', as requested by the student and their parents in May, and agreed to by the Church of Ireland school. This escalated to his suspension on the day before the start of the autumn term, pending the outcome of a disciplinary process.
The teacher refused to remain away from the school on paid leave and instead attended the school, sitting in an empty classroom, declaring that he was there to work.
Burke told the court:
“I am 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. I love my school, with its motto Res Non Verba, actions not words, but I am here today because I said I would not call a boy a girl. Transgenderism is against my Christian belief. It is contrary to the scriptures, contrary to the ethos of the Church of Ireland and of my school. It is extraordinary and reprehensible that someone's religious beliefs on this matter could ever be taken as grounds for an allegation of misconduct. My religious beliefs are not misconduct. They are not gross misconduct. They never will be. They are dear to me. I will never deny them and never betray them, and I will never bow to an order that would require me to do so. It is just not possible for me to do that.'
“There has been a dumbing down of the seriousness of suspension. It is a serious step. It has tarnished my good character and my good name, particularly in the profession of a teacher, where one is so close to a large number of members of the local community. It leaves a stain on what has been, for me, an unblemished teaching record.”
Rosemary Mallon BL, for the school’s board of management, told Judge Michael Quinn that her client had no choice but to ask the court to send Burke to prison for breach of a court order. She said:
“It is a coercive order we are seeking, not a punitive order. We are simply seeking to have Mr Burke comply with the order. Mr Burke is knowingly in breach of this order, he is therefore in contempt and he has made it clear that if he is not committed to prison he will attend at the school [today], and the concerns of the school regarding the ongoing disruption to the students remain.”
Judge Quinn said he was not ruling on the merits of Burke's arguments regarding his religious belief or his suspension, but merely on the question of whether there had been a wilful breach of a court order.
At a second hearing, Burke told the court he had spent the last two nights in Mountjoy Prison, which was a new experience for him. He said he had had much time to consider his actions and behaviour leading him to that place. Burke added he did not find instances of misconduct, but only actions "worthy of commendation". He said he would never leave Mountjoy Prison if, in doing so, he must violate his conscience and his religious beliefs, and deny his God.
The case has been scheduled to come back before the court in a week's time although Burke has been told he can come back to court at any time if he wished to purge his contempt. The costs of the legal proceedings were awarded against him.
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