Enoch Burke transgender row: Court dismisses appeal as six family members removed from courtroom

Irish teacher Enoch Burke was removed by four members of An Garda Siochana after refusing to leave and clinging to a bench in the courtroom.

The chaotic scenes broke out as the President of the Court of Appeal read out his judgment dismissing Mr Burke’s appeal against court orders barring him from attending Wilson’s Hospital School in Co Westmeath.

Mr Burke was suspended from work on full pay last year pending the outcome of a disciplinary process, which arose from incidents concerning a row over a student who had requested to be addressed by the pronoun “they”.

Mr Burke was accompanied in court by his parents Martina and Sean Burke and three of his siblings.

He had argued previously that he could not accept “transgenderism” due to his Christian beliefs, and that the orders issued by the High Court were “manifestly unconstitutional and unlawful”.

Although the Court of Appeal agreed to hear his case, the President of the Court of Appeal, Mr Justice George Birmingham, said it would have “great difficulty” with someone who may “pick and choose” what orders of the court he abides by.

Despite the court orders, Mr Burke has been seen on the grounds of the secondary school several times.

As Mr Justice Birmingham was reading out the judgment, Enoch Burke’s sister, Ammi Burke, and mother Martina Burke, interrupted, prompting a Garda member to approach them as three judges left the courtroom.

Martina Burke told the court it was “bowing before the altar of transgenderism”.

Both women accused the court of not addressing Mr Burke’s constitutional right, and Enoch Burke spoke to the empty courtroom while the judges were absent.

The judges returned minutes later and warned that if there were any further interruptions they would rise and the judgment would be delivered electronically.

Mr Justice Birmingham said that the judgment was being delivered physically as “justice should be seen to be administered in public”.

When Mr Justice Birmingham read the judgement further interruptions from the Burke family took place.

The three judges left the courtroom again. Several gardai entered the courtroom and forcibly removed Ammi Burke.

Scuffles between up to ten Garda officers and six members of the Burke family ensued, as they were removed from the room one by one.

In the three judgments from each of the Court of Appeal judges issued after the court had adjourned, they unanimously ruled to dismiss Enoch Burke’s appeal against the High Court court orders.

Mr Justice Birmingham said if it was not possible to meet “simultaneously the desires of the child and the parents on the one hand, and the appellant’s concerns on the other”, then the child must be prioritised.

“If that is the choice, and I am afraid that, by reason of the appellant’s actions it may well have in fact come to that, I would be of the view that the wishes of the child and parents must prevail.”

He added: “In all of the circumstances, I would dismiss the appeal.”

Mr Justice John Edwards and Ms Justice Maire Whelan concurred with Mr Justice Birmingham.