DUBLIN, Ireland: School teacher Enoch Burke, who was sent to prison for failing to address a transitioning student with they/them pronouns, has been unable to stop a hearing into his dismissal from going ahead.

On December 13, the Court of Appeal (CoA) refused to stay the hearing of the appeal against his dismissal from Wilson's Hospital School.

Burke, currently incarcerated over his contempt of court orders, appeared before Justice Mary Faherty, Justice Donald Binchy, and Justice Nuala Butler to move his application seeking to temporarily halt the Disciplinary Appeals Panel hearing in Athlone.

All three judges refused Burke's application, stating that they were satisfied that he would suffer no prejudice from the hearing going ahead.

Burke sought a stay in circumstances where he wants to appeal to the Supreme Court over two separate CoA judgments that he says make "opposed" findings of fact relating to the basis of the Co Westmeath school's disciplinary action against him.

The disciplinary panel hearing would cause him irreparable harm, he said.

Burke was a teacher at the school until his suspension three years ago, arising from his behaviour in reaction to a direction from the then-principal to address a transitioning student with they/them pronouns. He was later dismissed.

Soon after Burke was suspended, the school legally restricted his attendance on school premises.

However, Burke breached this order, resulting in his spending over 500 days in jail for contempt of court.

Burke claimed he was being jailed for standing up for his Christian beliefs under the Constitution, and his opposition to "transgenderism".

This week, Burke stated that a CoA judgment Justice Faherty delivered in July 2025 erred by refusing to acknowledge that it departed from findings of fact in an earlier CoA judgment delivered by Justice John Edwards.

In refusing Burke's appeal against the granting of an interim injunction that barred him from attending Wilson's Hospital School, Justice Edwards wrote in March 2023 that there was no evidence Burke was suspended because of his views or his objection to the school's "inclusive policy."

Burke said this finding was opposed to observations made by the Court of Appeal in a judgment by Justice Faherty, which described the principal's instruction about a pupil's pronouns as a "kernel" of the case.

Justice Faherty's judgment concerned Burke's successful appeal over the make-up of an earlier disciplinary panel that had been set up to hear his appeal against dismissal.

Burke argued that although the two judgments reached opposing conclusions, Justice Faherty's ruling did not acknowledge that Justice Edwards had been wrong.

He also said the board of management of Wilson's Hospital School was "forcibly relying" on Justice Edwards' judgment in the pending disciplinary hearing. He claimed the judgment carried an air of "authority" and "absolutism" based on the disciplinary action and would influence the panel.

Burke said the existence of two judgments with opposing findings of fact would prejudice the proper conduct of the disciplinary process. On that basis, he sought a stay pending the outcome of his Supreme Court appeal on the apparent conflict between the judgments.

Padraic Lyons SC, appearing for the Disciplinary Appeals Panel with barrister Hugh McDowell, opposed the application. Lyons said there was no reason why the perceived tension between the judgments meant Burke would not receive a fair hearing.

Delivering the court's decision, Justice Faherty said the court was satisfied that Burke would suffer no prejudice if the hearing went ahead.