Teacher Enoch Burke is to remain in Mountjoy Prison after he again refused before the High Court to stay away from Wilson's Hospital School in Co Westmeath.
His continued detention in prison was up for review at the High Court on Tuesday, but Mr Burke refused to purge his contempt and give an undertaking to stay away from the secondary school where he once taught.
Mr Burke told Mr Justice Mark Sanfey at the High Court that he would not agree to comply with what he described as an "unjust order" as it would be akin, he said, to asking him to deny his religious beliefs and to "endorse transgenderism".
He added that he did not want to be in a prison, and he alleged that his ongoing imprisonment was as the result of an order that was "manifestly unjust" and he claimed it was an "unconstitutional misuse" of the court.
The case was before the court on Tuesday, when Mr Burke's on-going imprisonment for contempt was up for review.
Mr Justice Sanfey, who directed that Mr Burke be returned to Mountjoy, said that the court was not concerned with anything to do with the background dispute between the parties.
The court, he said, was only dealing with the issue of contempt, and if Mr Burke was willing to give an undertaking to stay away from the school, which would secure his release.
When the judge was considering the matter, he directed that members of Mr Burke's family be removed from the court by the gardaí for shouting at, criticising and interrupting the court.
Mr Burke's father Sean and sister Amii Burke were both physically removed by gardaí after they refused to leave the court insisting that they had a right to be there.
Mr Burke's mother, Martina who at one point said she would not be leaving without her son, eventually departed the courtroom on her own accord.
During what were at times robust and tense exchanges between the defendant, members of the Burke family, and the court the judge told the teacher that "you don't get to ask the questions around here."
In his brief submissions to the court Mr Burke argued that he was only in prison because of his religious beliefs, and opposition to transgenderism.
He accused members of the judiciary who have made rulings in the ongoing legal battle between him and the school, of "failing to acknowledge" his constitutional rights to religious freedom.
He says that those rights were breached when the school instructed him to refer to a student by a different pronoun.
"This is what this case is all about," he said, adding that this is why he is "in a cell" in Mountjoy prison, despite, he insisted, of having "done nothing wrong".
After refusing to purge his contempt, Mr Justice Sanfey ruled that Mr Burke remain incarcerated until he is prepared to purge his contempt.
The judge added that Mr Burke could come to court at any time and give undertakings that will secure his release.
The matter will be next reviewed by the court on December 12th, the judge added.
Mr Burke was jailed last month after the school's Board of Management asked the court for orders seeking the Co Mayo-based teacher's attachment and committal to prison over his deliberate failure to comply with a permanent injunction granted by Mr Justice Alexander Owens earlier this year.
Mr Burke opposed the application.
However, Mr Justice Heslin ruled that there "was no dispute" that Mr Burke had "flagrantly breached" orders requiring him to stay away from the school and ordered that he be committed to prison "indefinitely," until he purges his contempt by agreeing to stay away from the school.
When the case came before the court on Tuesday Rosemary Mallon Bl for the school said that with "great reluctance" they were asking that Mr Burke remain in jail unless he was prepared to give undertakings to purge his contempt.
The school's board sought Mr Burke's committal to prison over his refusal to obey Mr Justice Owen's order restraining him from attending at Wilson's Hospital unless he is given express permission to do so by the school authorities.
The board claims that Mr Burke had attended at Wilson's Hospital campus every day.
The school board also claims that Mr Burke's presence at the school caused "severe disruption for staff and students,".
It was the second time that an evangelical Christian has been jailed for contempt, and he spent over 100 days between September and December of last year.
Following his suspension in August 2022 Mr Burke was sued by the school over his failure to comply with a court order requiring him to stay away from the school.
That resulted in his incarceration in Mountjoy Prison for several months. He was released shortly before Christmas, without purging his contempt.
He again started attending at the school after the holidays, and the High Court imposed a daily fine of €700 on Mr Burke.
Mr Burke has also brought a challenge against the three-person panel of persons appointed to hear his appeal against his dismissal from his teaching position.
Judgement is awaited in those separate proceedings against the panel.
By Ann O'loughlin
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