Judgment has been reserved. The decision on the case will be delivered in due course.
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Important update (October 2021):
Our religious discrimination case against NUI Galway is happening this week, Wednesday to Friday, 27-29 October 2021 at Loughrea Courthouse in Co. Galway.
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. Older update(s):
The trial scheduled for 18-20 June 2019 did not proceed to a full hearing. At the outset of the hearing, the trial Judge, Judge Petria McDonnell, stated that the Plaintiffs’ case was ‘moot’.
This extraordinary statement led to the Plaintiffs making an application in the High Court for the recusal of Judge McDonnell on the grounds of objective bias and prejudgment.
Updates on the progress of this recusal application can be accessed here. We also post the most recent information on the status of the proceedings on Twitter and Facebook.
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On Monday 10 November 2014, Christian students Isaac Burke, Kezia Burke, Enoch Burke and Ammi Burke were banned for life from all student societies at NUI Galway. The unprecedented and shock ruling is believed to have been the first of its kind in the history of the university.
The Burkes, who are siblings, served on the Christian Union and Life Society committees during 2013 and 2014. They publicly expressed their Christian beliefs on abortion, same-sex marriage and other social issues by holding events and by using flyers and posters [1]. The Burkes were bullied, harassed and intimidated for these beliefs.
Despite lodging over a dozen complaints with university authorities, little or nothing was done to curb a culture of rampant poster ripping and abusive behaviour towards Christian students on campus [2]. The vast majority of the Burkes’ complaints were simply ignored by NUI Galway.
In late 2014, the university initiated a disciplinary process against the Burkes, accusing them of improperly using €325 from the Christian Union account to pay for flyers. The Burkes were subsequently banned for life from all student societies. The disciplinary process used by the university had never been used before and the siblings were not afforded due process.
The sanction handed down by the university was utterly disproportionate to the alleged misconduct. Evidence suggests that financial impropriety is rife amongst student societies at NUI Galway, in at least one case to the tune of more than €8,000 in unreceipted expenditure, but with no disciplinary action taken [3].
The Burkes claim that NUI Galway discriminated against them on the grounds of their religious beliefs. They also claim that the university severely victimised them for reporting earlier acts of bullying, harassment and intimidation. After almost five years of delays and setbacks [4], their claims against the university will be heard at Galway Circuit Court from Tuesday 18 June to Thursday 20 June 2019.
References:
[1] Some of the posters used by the Burkes can be viewed here.
[2] For an account of some of the complaints submitted by the Burkes, read the longer account here.
[3] Burke Broadcast, 29 December 2017.
[4] Irish Times, 14 February 2018.
The Burkes’ claims are made under the Equal Status Acts. The claims were heard in the first instance by the Workplace Relations Commission (WRC). There were significant procedural and legal shortcomings in the WRC investigation into the Burkes’ claims. A report on these shortcomings was submitted to the Oireachtas Joint Committee on Justice and Equality in February 2018. This report is available here. The claims are currently under appeal to the Circuit Court.