Burke family (Castlebar)

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The Burkes are an Irish family from Castlebar, County Mayo, known for their conservative religious activism and involvement in high-profile legal cases and protests in Ireland. The family are evangelical Christians,[1] and consists of parents Martina and Sean Burke and their ten children, all of whom have biblical names: Ammi, Elijah, Enoch, Esther, Isaac, Jemima, Josiah, Keren, Kezia, and Simeon.[2][1] A frequent subject of their protests is the LGBT community in Ireland. Alongside their reputation for protest and appeal, the children are noted for their achievements in academia and in debating. Martina, a qualified teacher, homeschooled all ten of her children.[2]

Academia

The Burke children are known for their academic success.[2][1][3] Isaac has a PhD in mathematics, and Kezia has won awards for a paper she wrote on mathematics and physics.[2] Enoch also holds two bachelor's degrees (one in theological studies, the other in history and politics) as well as a master's degree in education.[4] Josiah holds an MSc in economic history.[2] Simeon won the Mayo School's Debating Competition alongside his brother Elijah,[5] and represented the National University of Ireland, Galway (NUIG) at the final of The Irish Times Debating Competition in 2020.[6] All of the siblings who have completed an undergraduate degree received a first-class honours.[1]

Anti-LGBT views

The Burke family have collectively expressed anti-LGBT views, including in 2008 when members of the family protested out of Dáil Eireann with plaques quoting a version of a verse from Leviticus 18 which states "Thou shalt not lie with mankind as with womankind. It is an abomination".[3] Enoch Burke was involved in picketing outside St. James's Hospital in which he confronted passersby about links between homosexuals and HIV/AIDS.[3] In 2014, members of the family attending NUIG distributed leaflets linking homosexuality to incest and pedophilia.[7] During the 2015 referendum on same-sex marriage, members of the family campaigned for a "no" vote, with Isaac and Enoch becoming involved with the Mandate for Marriage campaign group.[8][9][10] In 2017, 2018 and 2019 they protested the annual gay pride parade in Castlebar.[3][11][12][13]

Opposition to gay mural (2015)

In April 2015, Martina and Enoch Burke appeared on Joe Duffy's show Liveline, arguing that a mural depicting two men embracing should be painted over due to a lack of planning permission.[8][14] The mural, by artist Joe Caslin, was located on the corner of Dame Street and George's Street.[8][15] Having called in separately, they refused to answer Duffy when he questioned whether the two were related.[15] Taking place roughly a month before the 2015 referendum on same-sex marriage,[8] the Burkes made the case that the mural was erected illegally, and was explicitly political, as the artist, they said, had confirmed on Twitter that he had hoped to convince people to vote in favour of legalising gay marriage.[15] Arguing against them, callers to the show made the case that a mural does not require planning permission provided there is neither commercial nor involve product promotion, and that a depiction of two men in an embrace, absent any political slogans or explicit indications the pair were married, could not be explicitly taken as an endorsement of gay marriage. Callers accused Martina in particular of being disingenuous, as she stated on the show that she would not have called to complain about an illegally erected mural depicting something else.[15]

Student pronoun dispute (2022)

In June 2022, Enoch Burke was suspended from Wilson's Hospital School, a Church of Ireland co-educational boarding school in County Westmeath at which he was employed as a teacher, and subsequently, on 30 August, the school was granted a High Court interim injunction preventing him from either being on school grounds or teaching classes there for the duration of his suspension.[16][17]

The issue arose when both the school and the parents of a transgender student who wanted to transition requested that their new name and they/them pronouns be used. At a church service attended by staff, clergy, pupils, parents, and board members, Burke interrupted the proceedings by voicing his objections to addressing the student as "they" and objected to the school acknowledging the student's transition. He also objected to transgender identity more broadly. After a subsequent meal, Burke pursued the school's principal, repeatedly questioning her on the issue. Having told him that she would address the issue with him at a later date, she then went to walk away from him, but he followed her, continuing to press the issue, until other people present got in his way and prevented him from doing so. As a result of his behaviour at these events, Burke was suspended pending a disciplinary review.[16] Following his suspension, however, Burke continued to arrive at school premises, leading to the school seeking the interim injunction seeking to prevent him from teaching or attending the premises.[16]

On 1 September, it was reported that Burke had allegedly breached the injunction, and that a further court order had been sought by the school, which could result in Burke being jailed for contempt of court unless he agreed to abide by the terms of the interim injunction.[18] Meant to appear before the court on 2 September, Burke failed to present himself and High Court judge Miriam O'Regan granted an order for Burke's arrest as a result of his non-compliance with the injunction.[19] On 5 September, Burke was arrested after arriving at school premises in spite of the injunction. He opposed a motion to have him jailed for contempt of court, but was remanded to Mountjoy Prison.[17][20] On a further appearance before the High Court on 7 September, Burke declined the opportunity to purge his contempt; judge Max Barrett remanded him in custody at Mountjoy Prison for a further week and awarded costs against him.[21] Burke said that he would rather stay in prison "every hour of every day for the next 100 years" than comply. He also said that being transgender contradicts scripture and would "only obey God" and "not obey man".[22]

On 4 October, it was reported that Enoch Burke had lodged an appeal at the Court of Appeal against the injunction and had sought orders including one preventing the school from continuing both his paid administrative leave and the disciplinary process against him, and another preventing the school from dismissing him from his position. It was also reported that his brother, Isaac, confirmed that Enoch has no intention of purging his contempt.[23]

On 9 October, the Irish Independent reported that Enoch Burke had been moved to a new jail cell for his own safety, after repeatedly expressing his outspoken views to other prisoners.[24] The Irish Times subsequently reported that Burke alleged that he had been defamed in the Irish Independent article, and was seeking an order banning republication of the article, which had been temporarily removed.[25] On 14 October, Martina Burke was removed from the courtroom after accusing the judge of being corrupt, and colluding with the judges of the High Court. On the same day, Ammi Burke refused to apologise to the court for continually interrupting proceedings.[26]

NUIG religious discrimination challenge (2014–2021)

In 2014, Isaac, Kezia, Ammi, and Enoch were all given lifetime bans from participating in student societies at the university they attended, which was at the time called NUI Galway.[7] That year, NUIG's students' union held a referendum about implementing a strategy of boycott, divestment, and sanctions against the state of Israel.[27] The Burkes who together occupied all four officer positions on the university's Christian Union Society, used society funds to print leaflets advocating for a "no" vote. The university's "society co-ordination group" (USCG) stated that the siblings were banned as a result of the distribution of the leaflets which bore the college logo, which was against the college's code of conduct, and furthermore used college funds to pay for the leaflet - misrepresenting the college in the process.[7] The university had previously received complaints from students surrounding the Burkes' distribution of leaflets which connected same-sex marriage to paedophilia and incest. Upon investigation of the production of the fliers, it was found that the siblings' brother Josiah had been reimbursed €325 for costs associated with the production of the fliers, and there was no indication that any members of the society outside of the Burke family had approved of such a use of funds. The investigation also found that Isaac had altered the society's accounts to mask the fact that the payment had been made to his brother.[7] As a result of the investigation, on 10 November the four siblings were issued lifetime bans from participation in student societies.[28]

The siblings first complained to the Workplace Relations Commission (WRC), where an adjudicating officer rejected their complaint. They then appealed to the Circuit Court on grounds of religious discrimination. At this point (2019), NUIG revoked their lifetime bans and offered not to seek costs against the siblings if they would revoke their claim, which the Burkes refused to do.[28] On the first day of court, the Gardaí were called to courtroom as the Burke's, unhappy with the presiding judge and insisting on the appointment of a different judge, refused to leave the courtroom.[29] Ruling in November 2021, Judge Raymond Groarke found that though USCG's handling of the matter constituted an “extraordinary and inexcusable” lack of knowledge of fair or proper procedures, he rejected that the flaws in the handling of the case constituted discrimination on religious grounds.[7] One example of the flawed process by which the USCG came to bar the Burkes was that members of the investigating committee were also involved in voting on the siblings' disbarment. There were also "serious aggravating circumstances" according to Groarke: such as the lack of cooperation from the Burkes with the investigation, their efforts to hinder the investigation, their failure to truthfully deliver a summary of events, their fabrication of accounts, and their misuse of Christian Union funds.[7]

Unlawful dismissal appeal (2019–present)

On 12 November 2019, Ammi Burke was fired from her position working with the Arthur Cox law firm. Following her dismissal, the Burke family picketed her previous place of employment.[30] Ammi claimed that her firing amounted to unfair dismissal, and was a result of her criticizing a partner in the firm after a situation arose where she was required to work until 2 a.m. while her peers socialised.[31] Representation for Arthur Cox disputed this, citing a breakdown in relations between Burke and three of six senior partners as the reason for her dismissal.[32] Ammi initially complained to the Workplace Relations Commission, but after Marie Flynn, the adjudication officer hearing Ammi's case, recused herself, Ammi appealed to the High Court.[31] The High Court judge, Garrett Simons, ruled against Ammi, finding that Flynn was correct in recusing herself from the case.[33]

The case was then reopened by the WRC, and was presided over by Kevin Baneham. Ammi requested that Baneham recuse himself, citing that he was a Labour Party "comrade" of Arthur Cox's senior counsel.[34] During the hearing, both Ammi and Martina Burke repeatedly spoke over other persons present, with Martina's interruptions preventing a witness from being sworn in six times over the course of several hours.[34][35] The hearing was eventually thrown out as repeated interruptions and her requests for additional witnesses prevented the trial from moving forward.[36]

Ammi then filed another appeal to the High court, this time seeking to have the WRC's decision overruled. She claimed that Baneham's ruling was flawed and was not made in accordance with fair procedures.[37] Four days into the appeal, which was held virtually, the judge, Marguerite Bolger, threatened to mute Ammi's microphone if she continued making sustained interruptions as she had been up to that point.[38] Bolger refused Ammi's request for an expedited trial, and as of August 2022, the case is due to resume at a later date.[39]

PhD delay action (2020)

In January 2020, Isaac Burke won an action he took against NUIG regarding a delay in the scheduling of the viva exam as part of his pursuit of a PhD in mathematics. Following the submission of Isaac's thesis on 31 January 2017, his supervisor failed to organise a viva with an external examiner. A breakdown in communication with the supervisor followed. NUIG guidelines state that a viva should take place within two months of the submission of a thesis, but by July 2017, Isaac had still not been offered the opportunity to complete his examination. The court awarded Isaac €13,035 in damages.[40] Isaac completed his PhD in 2020.[41][42]

Aftermath of the death of Sally Maaz (2020-2022)

In April 2020 Sally Maaz, a 17-year-old girl from Mayo with an underlying heart defect, died with COVID-19. A clip of Jemima Burke questioning chief medical officer Tony Holohan in May 2020 went viral on the internet.[43] Claiming to represent a defunct news paper, she put questions to Holohan in a "combative" manner, and her microphone was eventually cut off.[1][2] Following her death, an inquest was arranged to determine cause of death. When the inquest first opened in October 2020, despite the right of the public to access a court only 14 people were permitted in the courtroom due to restrictions in place as a result of the COVID-19 pandemic.[44] An unidentified man and Jemima (who were there together) were asked to leave the courtroom, and Jemima was ordered to wear a face covering. Following their refusal to do so, the preliminary hearing was adjourned to later date.[44] At one point, Jemima, Josiah, and Martina were all forcibly removed from an inquest by Gardaí after "causing huge distress to the bereaved family while making unfounded claims about the girl’s hospital care".[1] Jemima and Martina Burke were removed from an inquest into Maaz's death in 2022, after repeatedly disrupting proceedings by shouting and moving throughout the courtroom.[45]

Predicted grades appeal (2020)

As a result of the effects of the COVID-19 pandemic in Ireland, it was announced in May 2020 that in place of sitting the Leaving Certificate, students would be able to avail of predicted grades, as assigned by their teachers.[46] Students who were homeschooled or tutored by either their parents or a close relative, however, were excluded from the scheme, and so Elijah Burke was initially excluded from the scheme.[47] Elijah launched an appeal, and in August 2020 the High Court ruled in his favour, determining that he, and other students in his position, had been unfairly excluded from the scheme. Judge Charles Meenan advised that an independent teacher be involved in determining Elijah's predicted grades, and described his initial exclusion from the scheme as "irrational, unreasonable and unlawful”.[47][48] Though initially unclear whether Elijah and his fellow excluded students would be able to access their predicted grades in time for first-round offers from universities, ultimately, Minister for Education Norma Foley confirmed that they would be able to access those grades at the same date as all other students.[48]

Simeon Burke at the University of Galway (2020-2021)

COVID-19 pledge appeal (2020)

In September 2020, following protests led by Simeon Burke, NUIG dropped what had been a mandatory pledge that all incoming and returning students had to sign as a condition of their registration with the university.[49][50] The pledge, whereby students agreed to "behave responsibly" in regard to public health advice surrounding the COVID-19 pandemic, also included provisions against bullying and harassment.[49][50] Following the protests, the NUIG agreed to make the pledge voluntary instead of mandatory.[50]

Online bullying claims (2021)

In 2021, Simeon contested the election for the role of president of the NUIG's Students Union, having previously run for the role of Welfare and Equality Officer in 2020. Burke ran under the slogan "A president for the many not the mob", similar to his campaign slogan in 2020, "welfare of the many, not the few".[51] The campaign is described as having become "acrimonious and personalised".[2] On 22 February, at a Students Union council meeting, Burke repeatedly interrupted the proceedings, resulting in his microphone being muted by the chairperson. In protest, he held up a handwritten sign reading "Student Sworn At No Apology."[51] Doctored versions of the image began circulating and became a meme, and the dean of students instructed that all tweets including doctored versions of the photo be deleted. One student named Cian refused to do so, and following his refusal and threats of disciplinary action, the hashtag #freeCian trended in Ireland on Twitter.[51] Burke said that the hashtag amounted to sustained online abuse and intimidation, and after TD Paul Murphy retweeted Cian's original tweet, Burke complained to the clerk of the Dáil. The clerk referred it to an Oireachtas committee, who ultimately refused to investigate the matter.[52]

References

  1. ^ a b c d e f Murray, Eavan (1 September 2022). "Meet the Burkes: Suspended teacher Enoch Burke hails from a controversial family of evangelical Christians". Irish Independent. Retrieved 1 September 2022.
  2. ^ a b c d e f g O'Connell, Jennifer (9 April 2022). "The Burkes of Castlebar: Who are the high-achieving family from Co Mayo?". The Irish Times. Retrieved 2022-08-31.
  3. ^ a b c d Laffey, James (11 May 2020). "Who is Jemima Burke, the Mayo journalist whose questioning of Dr Tony Holohan went viral..." Western People. Retrieved 31 August 2022.
  4. ^ Burke, Enoch (2020). The Hedonism and Homosexuality of John Piper and Sam Allberry: The Truth of Scripture. ISBN 9781999935528. Retrieved 31 August 2022.[self-published source]
  5. ^ "Mayo schools debating competition a huge success". Mayo Advertiser. 24 November 2017. Retrieved 2022-08-31.
  6. ^ "The Irish Times Debate 2020 final". The Irish Times. 1 March 2020. Retrieved 2022-08-31.
  7. ^ a b c d e f Carolan, Mary (22 November 2021). "Four siblings lose challenge over ban from membership of NUIG societies". The Irish Times. Retrieved 2022-08-31.
  8. ^ a b c d O'Keefe, Alan (17 April 2015). "'Paint over it' call in gay mural planning row". independent. Retrieved 2022-09-02.
  9. ^ Duffy, Rónán (27 April 2015). "A Yes Equality campaigner was asked on live radio about sex between two men". TheJournal.ie. Retrieved 2022-09-02.
  10. ^ "Mandate for Marriage | Vote NO on May 22nd". 2015-08-01. Archived from the original on 2015-08-01. Retrieved 2022-09-02.
  11. ^ Murray, Eavan (11 April 2022). "'People don't mix with them… they are kind of afraid': A history of the Burke family's legal dramas". Irish Independent. Retrieved 31 August 2022.
  12. ^ O'Connor, Amy (23 July 2022). "This brilliant, defiant photo from yesterday's Mayo Pride perfectly sums up modern Ireland". Daily Edge. Retrieved 31 August 2022.
  13. ^ Burke Broadcast (20 July 2019). Respect also Christian Belief at Castlebar 'Pride Parade' (Video). For the third year running, we maintained a presence at the 'pride parade' in our hometown of Castlebar, Co. Mayo.
  14. ^ Barry, Aoife (17 April 2015). "Calls for marriage equality mural to be removed to "give the No side justice"". TheJournal.ie. Retrieved 2022-09-02.
  15. ^ a b c d Duffey, Joe (17 April 2015). "Liveline Friday 17 April 2015". RTE Radio. Retrieved 2022-09-02.
  16. ^ a b c O'Faolain, Aodhan (30 August 2022). "Court injunction against teacher Enoch Burke attending school after he opposed addressing student with pronoun 'they'". independent. Retrieved 2022-08-31.
  17. ^ a b Phelan, Shane; O'Faolain, Aodhan (5 September 2022). "School teacher Enoch Burke says he will contest contempt of court application". independent. Retrieved 2022-09-05.
  18. ^ "School seeks court order that could see suspended teacher Enoch Burke jailed". The Irish Times. 1 September 2022. Retrieved 1 September 2022.
  19. ^ O'Faolain, Aodhan (2 September 2022). "Court orders arrest of Enoch Burke for alleged contempt". The Irish Times. Retrieved 2022-09-02.
  20. ^ O'Donnell, Orla (5 September 2022). "Teacher committed to Mountjoy prison for contempt of court". RTÉ. Retrieved 6 September 2022.
  21. ^ O'Donnell, Orla (7 September 2022). "Enoch Burke to remain in Mountjoy for at least another week". RTÉ. Retrieved 7 September 2022.
  22. ^ Crisp, James; O'Faolain, Aodhan (2022-09-07). "I'd rather stay in prison for a century than play by these transgender rules, says jailed teacher". The Telegraph. ISSN 0307-1235. Retrieved 2022-09-09.
  23. ^ O'Louhglin, Ann (4 October 2022). "Jailed teacher Enoch Burke appeals injunction preventing him attending school". Irish Examiner. Retrieved 5 October 2022.
  24. ^ Bracken, Ali (9 October 2022). "Enoch Burke moved to new jail cell for his own safety as he is 'annoying other prisoners'". Irish Independent. Ireland. Archived from the original on 9 October 2022. Retrieved 29 November 2022.
  25. ^ O'Faolain, Aodhan (13 October 2022). "Enoch Burke claims he was defamed in newspaper article". Irish Times. Retrieved 29 November 2022.
  26. ^ Reynolds, Eoin (2022-10-14). "Enoch Burke's mother removed from court after 'corrupt judges' remark". Irish Examiner. Retrieved 2022-11-30.
  27. ^ "Referendum Rfc14/2 (Position on the Campaign of Boycott, Divestment and Sanctions Against the State of Israel)". Retrieved 31 August 2022.
  28. ^ a b Horgan-Jones, Jack (18 June 2019). "Siblings banned for life from NUIG societies refuse college's offer". The Irish Times. Retrieved 2022-08-31.
  29. ^ Kelly, Paul (2019-06-19). "Gardaí called to courthouse on opening day of case against NUIG". Galway Daily. Retrieved 2022-11-30.
  30. ^ Mahon, Brian (5 December 2019). "Family protests against sacking of Christian solicitor". The Times. ISSN 0140-0460. Retrieved 2022-08-31.
  31. ^ a b O'Riordan, Ellen (20 October 2021). "WRC challenged over handling of complaint of unfair dismissal from Arthur Cox". The Irish Times. Retrieved 2022-08-31.
  32. ^ Bourke, Stephen (31 March 2022). "Sacked solicitor has 'victim mentality', Arthur Cox partner tells WRC". The Irish Times. Retrieved 2022-08-31.
  33. ^ O'Riordan, Ellen (11 November 2021). "Solicitor loses case over WRC handling of Arthur Cox unfair dismissal complaint". The Irish Times. Retrieved 2022-08-31.
  34. ^ a b Bourke, Stephen (25 March 2022). "Solicitor Ammi Burke demands adjudicator in unfair dismissal case recuse himself". The Irish Times. Retrieved 2022-08-31.
  35. ^ Bourke, Stephen (27 May 2022). "WRC official in Ammi Burke case considered calling gardaí to remove her mother". The Irish Times. Retrieved 2022-08-31.
  36. ^ Bourke, Stephen (1 April 2022). "WRC throws out solicitor's unfair dismissal claim against Arthur Cox". The Irish Times. Retrieved 2022-08-31.
  37. ^ "Solicitor brings High Court action to overturn WRC decision". RTÉ. 25 July 2022. Retrieved 31 August 2022.
  38. ^ Phelan, Shane (28 July 2022). "Judge threatens to have solicitor Ammi Burke's microphone turned off over interruptions in court". independent. Retrieved 2022-08-31.
  39. ^ O’Loughlin, Ann (2022-07-28). "Solicitor Ammi Burke's application for expedited hearing of case against WRC refused". Irish Examiner. Retrieved 2022-08-31.
  40. ^ Murray, Eavan (16 January 2020). "PhD student awarded €13,035 damages against NUI Galway over final 'viva' exam delay". independent. Retrieved 2022-11-30.
  41. ^ Burke, Isaac Zebulun (2020-09-10). Characterising bases of pure difference ideals (Thesis thesis). NUI Galway.
  42. ^ "Isaac Burke | Maynooth University". www.maynoothuniversity.ie. Retrieved 2022-11-30.
  43. ^ Clifford, Mick (2022-09-06). "Mick Clifford: The world tires of keeping up with the Burkes". Irish Examiner. Retrieved 2022-11-30.
  44. ^ a b Shiel, Tom (19 October 2020). "Inquest into death of girl (17) in Mayo Covid ward stopped over rule breach". The Irish Times. Retrieved 2022-11-30.
  45. ^ Murray, Eavan (24 February 2022). "Mayo teen died with Covid-19 after initially testing negative for the virus, an inquest has heard". independent. Retrieved 2022-11-30.
  46. ^ O'Brien, Carl (7 May 2020). "Leaving Cert to be cancelled: But will 'Plan B' be fair to students?". The Irish Times. Retrieved 2022-08-31.
  47. ^ a b Donnelly, Katherine; O'Faolain, Aodhan; Managh, Ray (20 August 2020). "Home-schooled teen wins case over calculated grades". independent. Retrieved 2022-08-31.
  48. ^ a b O'Faolain, Aodhan; Managh, Ray (28 August 2020). "Plan agreed for home-schooled student to get calculated Leaving Cert grades". The Irish Times. Retrieved 2022-08-31.
  49. ^ a b O'Brien, Stephen (30 August 2020). "Covid-19 pledge breaches our right to privacy, says student at NUI Galway". The Times. ISSN 0140-0460. Retrieved 2022-09-08.
  50. ^ a b c O'Brien, Carl (13 September 2020). "NUI Galway drops 'behave responsibly' pledge requirement". The Irish Times. Retrieved 2022-09-08.
  51. ^ a b c SIN Staff (9 March 2021). "University warns students over online conduct". Student Independent News. Retrieved 2022-09-08.
  52. ^ Carolan, Mary (30 May 2022). "Student criticises 'shameful' decision not to investigate TD over tweet". The Irish Times. Retrieved 2022-09-08.

External links

  • 2015 Liveline debate about a mural depicting two men in an embrace in advance of the 2015 same-sex marriage referendum in Ireland, featuring Martina and Enoch Burke.
  • Burke Broadcast— A website set up and run by Isaac Burke, documenting the challenge brought to the University of Galway by himself, Kezia, Ammi, and Enoch.
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