Elaine Byrne: Do Enoch Burke’s rights trump all other rights? The answer is evidently and undeniably no

The controversy around the evangelical Christian highlights the need to address in law and the constitution the ‘conscience clauses’ and exceptions sought by those holding various beliefs

“The Constitution protects that religious belief and it gives me the right to profess and practise that belief before almighty God.” That was Enoch Burke’s pronouncement to the High Court last December. The evangelical Christian has asserted that he cannot in “good conscience” comply with a court order that “goes against my religious beliefs”.

That is his interpretation of the Constitution. As the courts have consistently made clear, Burke was jailed not for his obedience ...