Mr Justice David Nolan referred to the Parable of the Talents (Matthew chapter 25 14-30) when deciding it was no longer in society’s interests, for the moment, to keep Mr Burke in jail, particularly over Christmas.
The judge, in releasing Mr Burke who has more than 500 days of imprisonment behind him, said if he returns to the school a €700 a day fine already imposed on him for doing so will be increased to €1,400 day.
judge also wants to hear next month from the Department of Finance about what mechanism can be used to enforce the fines.
Mr Burke, who is awaiting the result of an appeal over his dismissal from Wilson’s Hospital School in Multyfarnham, Co Westmeath, was back in the court on Friday for his continuing imprisonment to be reviewed.
He claims he is in prison for taking a stand against transgenderism according to his Christian religious beliefs
Alex White SC, for the school, said his client never wanted to see him in prison and as the school is now closed until January 6 did not wish to see him there given the time of year.
Mr Justice Nolan, whose court was interrupted by Mr Burke’s mother Martina when the case was last up for review in October, said anyone who interrupted on Friday would be removed by gardaí and prevented from returning to court.
Mr Burke then demanded the judge withdraw the remark which he said was contrary to a Supreme Court judgment.
Mr Burke continued trying to speak over the judge who repeatedly asked him if he would obey the court order.
The judge then rose and said he would return and give his ruling.
On his return a short time later, Mr Burke continued speaking over the judge as he delivered the ruling with members of Mr Burke’s family also joining in.
The judge said the power of the court to impose coercive measures to ensure compliance with its orders is essential for the benefit of all and for the rule of law is effective.
There was also a duty to ensure the proper use of scarce resources, he said.
While Mr Burke remains on full pay for the last two years he continues to refuse to purge his contempt, he said.
The taxpayer is burdened with having to pay both his full salary, pending appeal, and some €84,000 per annum it costs to keep him in prison, he said.
As a result of the daily fine imposed on him, he now owes the State €193,000 although the court was previously told there was no easy mechanism to enforce payment of that fine, he said.
This "double draw on the public finances" was a factor supporting his release at this time particularly during the Christmas period, he said,
Mr Burke is “in jail because he chooses to be in jail". He claims his imprisonment arises from decisions of the court which "go to abolish religious liberty", the judge said.
He asserts that his religious beliefs prevent him from describing transgender people as "they" and projects his imprisonment as some sort of punishment visited upon him because he has stood up for these beliefs.
He is "profoundly incorrect" in this because his jailing was the result of his own decision to breach court orders, the judge said.
It was patently clear to the general public that it was not about his religious beliefs, he said.
Obeying the order of the court is not inconsistent with his Christian principles, he said.
Mr Burke "has been given remarkable gifts", is highly educated and seemingly a very good teacher of German and history, he said.
Referring to the Parable of the Talents, the judge said Mr Burke's talents are "entirely wasted" through an inordinate period of time in jail "due to entirely misguided, and at times, ridiculous arguments" about the school and the court trying to abolish religious liberty.
"It is clear to me that he has been persuaded by others that he is best seen as a martyr".
The purpose of coercive imprisonment to enforce court orders is turned on its head when a person is "prepared to endure the undoubted discomforts of incarceration in order to obtain some greater benefit, at least as they see it", he said.
The judge said he concluded that this is one of those very rare cases where coercive imprisonment should stop, at least for the moment.
It is on the basis that the school can return to court to seek his further jailing, "or any other appropriate measure", in the event he does not comply.
The judge put the matter in again for mention next month.
He awarded costs to the school its costs and wished everyone a Happy Christmas before he rose.
Mr Burke and members of his family continued talking at the judge as he left.