“Prostrating at the altar of transgenderism,” was how Enoch Burke’s mother described the judges of the Court of Appeal as chaotic and unprecedented scenes erupted during the reading of its judgment dismissing her son’s appeal.
Martina Burke, her husband Seán, and sons Enoch, Simeon and Isaac, were all dragged or pushed out of the court by gardaí on Tuesday afternoon after they refused repeated requests to leave the building.
Enoch Burke shouted “thugs” and clung with his hands to the court bench as several gardaí dragged him out. His brother Isaac, who at one stage dropped to the floor under the lawyers’ bench, was the last member of the family to be dragged out.
Earlier, Ammi Burke was the first member of the family to stand up and shout as Court of Appeal president Mr Justice George Birmingham was about 45 minutes into reading his judgment.
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The judge had just indicated agreement with a High Court judge that the case was not about transgender issues when Ms Burke stood and shouted that was “totally incorrect”.
She was told by the judge to sit down but continued to shout the case was about “transgenderism” and to claim her brother’s rights were being breached.
Her mother accused the judges of “prostrating before the altar of transgenderism”.
“You’re bowing before the altar of transgenderism, remove your robes,” Mrs Burke shouted. Other family members also stood up and shouted at the judges.
Mr Justice Birmingham and his colleagues, Mr Justice John Edwards and Ms Justice Máire Whelan then rose and left the bench. Some of the Burkes continued to make comments in the packed court, which included a group of visiting transition-year students.
When the judges returned, Mr Justice Birmingham warned against further interruptions and said, if that happened, the judges would leave and the separate judgments of all three judges, instead of being read out, would be given electronically.
He continued to read from his judgment but, within minutes, the Burkes were again on their feet and shouting.
The judges then left the bench and did not return. Court staff and a number of gardaí sought to clear the court and asked the Burkes to leave but all refused.
Ammi Burke struggled with gardaí as they dragged her from the court and there were angry exchanges and struggles between the remaining family members and gardaí as they sought to get all of the family to leave.
Three or four female gardaí surrounded Martina Burke and asked her a number of times to leave. When she repeatedly refused, she was forced out of the court as was her husband.
About 10-12 gardaí were in court at one point. Enoch Burke accused the gardaí of being “thugs” and there were shouts from him and his brothers directed towards gardaí, saying “leave my father alone, he’s elderly” and “leave my mother alone” and “get your hands off them”.
Enoch Burke repeatedly said “we are entitled to our rights” and “our beliefs” and entitled to have the judges vindicate their rights.
The Court of Appeal building is located within the yard of the Four Courts premises and journalists waited outside until physical copies of the judgments were provided. All three judges dismissed Mr Burke’s appeal, which was aimed at overturning injunctions granted by High Court judges last August and September restraining him attending at Wilson’s Hospital School in Multyfarnham.
