The Westmeath teacher has spent more than a month at Mountjoy Prison.
Teacher Enoch Burke's appeal against a High Court injunction is expected to be heard next week.
The injunction prevents Mr. Burke from attending and teaching at Wilson’s Hospital School in Multyfarnham.
It was put in place when Mr. Burke, an Evangelical Christian, was put on administrative leave on August 24th for refusing to refer to a transgender student by a new name and pronouns.
The then-principal, Niamh McShane, had issued the request to all teachers. The student in question was not in any of Mr. Burke's classes, but he claimed the request went against his religious beliefs.
A disciplinary process was launched by the school's Board of Management and Mr. Burke was suspended, with pay, while the process is underway.
However, he continued to show up to the school, despite substitute teachers being assigned to his classes.
Mr. Burke believes the suspension is unconstitutional and violates his religious freedoms, and first challenged the order on 5th September.
He has spent more than a month at Mountjoy Prison since for contempt of court after defying the order.
Legal Affairs Editor with the Irish Independent, Shane Phelan, says Mr. Burke has a way out of prison, but he's unlikely to take it:
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