Jailed school teacher Enoch Burke is to argue before the High Court he has been subject to “an egregious miscarriage of justice”.

In seeking a stay on proceedings brought against him by the Co Westmeath school employing him, he will claim he has been unconstitutionally and unlawfully subject to a disciplinary process for the expression of his religious belief. Burke is in prison for contempt of court.

In his court papers seeking the stay, Mr Burke disputes a statement of September 7th by one judge, Mr Justice Max Barrett, that the case “is not about transgenderism”. He also disputes a statement by another judge, Ms Justice Eileen Roberts, that there “is no attack on the defendant’s beliefs by the suspension”.

Mr Burke contends the High Court orders have effectively nullified the constitutional guarantees of freedom of conscience, freedom or religion and freedom of expression.