'Gay ke’ challenge thrown out by European Court of Human Rights - Anglin Ink © 2023

Contents:

• ASHERS 'GAY KE' SE: EUROPEAN URT L SE ADMISSIBLE
• ‘GAY KE’ ROW: MAN LOS SEVEN-YEAR BATTLE AGAST BELFAST BAKERY
• 'GAY KE' ROW: WHAT IS THE DISPUTE ABOUT?
• UK SUPREME URT BACKS BAKERY THAT REFED TO MAKE GAY MARRIAGE KE
• EUROPEAN COURT L NORTHERN IRELAND GAY KE SE ADMISSIBLE
• 'GAY KE': ASHERS BAKERY SE HEARD AT SUPREME COURT
• 'GAY KE' SE: KEY DAT THE LONG-NNG DISPUTE
• ‘GAY KE’ LEGAL CHALLENGE THROWN OUT BY EUROPEAN COURT OF HUMAN RIGHTS
• WHAT WAS THE ‘GAY CAKE’ CASE ALL ABOUT?
• GAY RIGHTS ACTIVIST'S APPEAL LONG-NNG KE DISPUTE LED 'ADMISSIBLE' BY EUROPEAN COURT OF HUMAN RIGHTS
• ASHERS 'GAY KE': MAN REFED KE BY BAKERY HAS DISCRIMATN SE THROWN OUT
• GAY MARRIAGE KE: CTOMER TAK SE TO EUROPEAN URT
• 'GAY KE' DISCRIMATN PLAT LED 'ADMISSIBLE' AFTER CHRISTIAN-N BAKERY REFED ORR
• ‘GAY KE’ CHALLENGE THROWN OUT BY EUROPEAN COURT OF HUMAN RIGHTS

ASHERS 'GAY KE' SE: EUROPEAN URT L SE ADMISSIBLE

Image ptn, Gareth Lee sued Christian-n Ashers bakery for refg to make a ke rated wh the slogan "Support Gay Marriage"A gay rights activist has lost a seven-year discrimatn dispute over a ke orr as the European Court of Human Rights led his se Lee started legal actn back 2014 after a Christian-n Belfast bakery refed to make him a ke wh the slogan "Support Gay Marriage" fay firm Ashers said the slogan ntravened their Christian European urt led Mr Lee's se admissible, sayg he had failed to exhst all optns the UK Belfast man has long argued that by refg to fulfil his orr, the bakery had discrimated agast him on grounds of his sexual orientatn and polil Lee then took his se to the European Court of Human Rights, where was examed by seven judg who cid, by majory, that should be long-nng dispute has raised qutns about relig eedom and discrimatn their lg on Thursday, the judg said the se was admissible bee Mr Lee had not voked his rights unr the European Conventn of Human Rights "at any pot the domtic proceedgs" the UK judg cid that orr for a plat to be admissible, "the Conventn arguments mt be raised explicly or substance before the domtic thori" ptn, BBC News NI looks at the key dat the "gay ke" se"By relyg solely on domtic law, the applint had prived the domtic urts of the opportuny to addrs any Conventn issu raised, stead askg the urt to urp the role of the domtic urts. The se began 2014, when Mr Lee vised a Belfast branch of Ashers Bakery, and asked them to bake a ke rated wh the gay marriage source, Getty Image/Charl McQuillanImage ptn, Gareth Lee said he was trated that the se had been dismissed on a "technily"At the time, same-sex marriage was still illegal Northern Ireland, but the law has sce changed and same-sex weddgs have been takg place sce Febary ke Mr Lee requted was to feature an image of Bert and Ernie, two characters om the children's TV programme Same Street, and the logo of the mpaign group, Lee paid £36.

50 for a ke and left the shop, but a few days later, bakery staff lled him to say they uld not plete the orr bee of the slogan and would refund his Bakg Company is n by the McArthurs, a Christian fay om County Lee said the cisn to refe his orr had ma him feel "unworthy" and a "lser person" plaed to the Equaly Commissn for Northern Ireland, who supported him takg a discrimatn se agast the fought the se, argug they had not turned Mr Lee's ctom away bee he was gay, but bee he had asked them to produce somethg that was ntrary to their relig is the European Court of Human Rights?

It was disappotg to see another attempt to unrme those rights, so is a relief that the attempt has failed, " Mr Calvert source, Getty Imag/Leon NealImage ptn, Amy and Daniel McArthur photographed after their UK Supreme Court victory 2018However, the Rabow Project, a Belfast-based gay rights mpaign group, said the UK Supreme urt cisn had created legal uncertaty for LGBT people when accsg goods and servic and Thursday's ECHR lg had not rolved that uncertaty. "If the judgement had gone the other way, a gay baker uld have been forced by law to acce to requts to rate k wh msag opposg LGBT+ equaly, " he ptn, Gay rights mpaigner Peter Tatchell said he had great sympathy for Gareth Lee but that he did not believe Ashers had discrimated agast him"I support protts agast Ashers over their hostily to LGBT+ equaly but I nnot endorse legal pulsn to require them to promote a msage wh which they profoundly disagree. A man has lost a seven-year legal battle agast a Belfast bakery that refed to make him a ke emblazoned wh the msage “support gay marriage” as the European urt of human rights led that his claim was admissible, promptg disappotment om gay rights Thursday the ECHR, by a majory cisn, said would not rensir the cisn of the UK supreme urt, which had overturned a £500 damag award imposed on Ashers bakery, which is n by evangelil refed to produce the ke, featurg the Same Street puppets Bert and Ernie, 2014 for Gareth Lee, who was a supporter of the mpaign to legalise same-sex marriage Northern Ireland.

‘GAY KE’ ROW: MAN LOS SEVEN-YEAR BATTLE AGAST BELFAST BAKERY

Same-sex marriage was legalised Northern Ireland last the supreme urt judgment 2018, after s first hearg Northern Ireland, a Belfast unty urt and a urt of appeal had led that the pany discrimated agast Lee, who is gay, on the grounds of sexual ECHR said the claim was admissible bee the applint had not exprsly voked his rights unr the European nventn on human rights at any pot the domtic proceedgs and had relied solely on domtic said: “The supreme urt found on the facts of the se that the applint was not treated differently on acunt of his real or perceived sexual orientatn, but rather that the refal to supply the ke was bee of the fendants’ relig objectn to gay marriage.

“What was prcipally at issue, therefore, was not the effect on the applint’s private life or his eedom to hold or exprs his opns or beliefs, but rather whether Ashers bakery was required to produce a ke exprsg the applint’s polil support for gay marriage.

Its puty director, Daniel Holr, said the ECHR’S lg on admissibily left dividuals and anisatns mpaigng on gay rights “vulnerable to a mercial bs refg to provi servic like prtg posters, leaflets, settg up webs etc, through claimg an exemptn to non-discrimatn laws on the basis of ‘’s not you ’s your msage’.

'GAY KE' ROW: WHAT IS THE DISPUTE ABOUT?

”The ECHR said balancg the rights of Lee and those of the bakery owners, Daniel and Amy McArthur, was “a matter of great import and sensivy to both LGBTIQ muni and to fah muni”, particularly Northern Calvert, a spokperson for the Christian Instute, which backed the McArthurs, lled the cisn good news for ee speech, addg: “It protects gay bs owners om beg forced to promote views they don’t share, jt as much as protects Christian bs owners.

The European Court of Human Rights has dismissed a legal challenge a long-nng dispute known as the "gay ke" se, lg the actn ECHR is the latt urt to have s say the long-nng all started 2014, when a bakery Northern Ireland refed to make a ke wh a slogan supportg same-sex 's a look at how the se reached Strasbourg:What about the bakery?

UK SUPREME URT BACKS BAKERY THAT REFED TO MAKE GAY MARRIAGE KE

He had wanted them to make a ke that clud a slogan that said "support gay marriage" along wh a picture of Bert and Ernie om Same Street, and the logo of the Queerspace the time, same-sex marriage was still illegal Northern Ireland, but the law has sce changed and same-sex weddgs have been takg place sce Febary ke was beg missned for a civic event Bangor, County Down, to mark Internatnal Day Agast Homophobia and at the bakery passed the orr to s head office, which nsired to be "at odds" wh their beliefs. Durg the heargs, a lawyer for the bakery argued the issue was "the ke, not the ctomer" of the bakers, Karen McArthur, said she did not know Mr Lee was gay and would not have mattered as they would not have been prepared to make a ke wh a pro-same-sex marriage slogan for anyone.

EUROPEAN COURT L NORTHERN IRELAND GAY KE SE ADMISSIBLE

A Belfast bakery n by evangelil Christians was not obliged to make a ke emblazoned wh the msage “support gay marriage”, the supreme urt has led, overturng a £500 damag award imposed on unanimo cisn by the UK’s hight urt was greeted as a victory for ee speech but nmned by gay rights groups and the Equaly Commissn of Northern Ireland as a backward step batg had refed to produce the ke, featurg the Same Street puppets Bert and Ernie, 2014 for Gareth Lee, who supports the mpaign to legalise same-sex marriage Northern Ireland.

He wanted to take to a private functn markg Internatnal Day Agast judgment, livered after the supreme urt’s first hearg Northern Ireland May, revers earlier cisns Belfast unty urt and a urt of appeal lg that the pany discrimated agast Lee, who is gay, on the grounds of sexual five jtic on the supreme urt – Lady Hale, Lord Mance, Lord Kerr, Lord Hodge and Lady Black – found the bakery did not refe to fulfil Lee’s orr bee of his sexual orientatn and therefore there was no discrimatn on those grounds. The US supreme urt reached a siar ncln another bakery se June, when led favour of a Colorado baker who had refed to produce a weddg ke for a gay uple the lg, Lee said: “I’m very nfed about what this actually means. BELFAST, Jan 6 (Rters) - A plat of discrimatn prevly dismissed by Bra's hight urt agast a bakery that refed to make a ke wh a pro-gay msage was admissible, the European Court of Human Rights (ECHR) led on Bakg Belfast was found guilty of discrimatn 2015 for refg to make a ke for a ctomer iced wh the words "Support Gay Marriage" bee of the owners' Christian bakery failed an appeal to the lol urts 2016 but the Supreme Court, the UK's hight judicial body, overturned that cisn two years later, sayg the bakers' objectn was to the msage on the ke, not to any personal characteristics of the msenger, or anyone wh whom he was Lee, a gay rights activist who had orred the ke, argued that the Supreme Court failed to give appropriate weight to him unr the European Conventn of Human Rights.

But the ECHR said uld not urp the role of the lol urts after Lee failed to exhst all domtic said this was particularly so Brish-n Northern Ireland, "where there is a large and strong fah muny and where the lbian, gay, bisexual, transgenr and tersex (LGBTIQ) muny has endured a history of nsirable discrimatn and timidatn.

'GAY KE': ASHERS BAKERY SE HEARD AT SUPREME COURT

Image ptn, The ke was orred four years ago by gay rights activist Gareth LeeThe owners of a Northern Ireland bakery found to have discrimated for refg to make a "gay ke" were forced to act agast their relig beliefs, the Supreme Court has Bakery is challengg the lg over s cisn not to make a ke iced wh the slogan "Support Gay Marriage" for activist Gareth Lee. "Mr and Mrs McArthur have been penalised by the state, the form of the judgment at the unty urt, for failg through their fay pany to create and provi a product bearg an explic slogan 'Support Gay Marriage' to which they have a genue objectn source, AFPImage ptn, Ashers owner Daniel McArthur has argued that the ke's msage was agast their relig views"They would equally have refed to provi that ke wh the slogan to a heterosexual ctomer. Tuday marks the latt legal chapter the long-nng se that began May 2014 when the orr was placed at an Ashers shop Belfast by Gareth Lee, a gay rights refed to bake the ke but was later found to have discrimated agast Mr barrister, Rob Allen QC, said he "knew nothg at all" about Mr and Mrs McArthur's relig beliefs when he placed the Allen listed a range of imag which Ashers had advertised on a flier that would ice on k, cludg a wch for Halloween, a photograph of a person or "a picture of Larne Ladi Football Club".

'GAY KE' SE: KEY DAT THE LONG-NNG DISPUTE

The European Court of Human Rights has livered s lg a long-nng dispute known as the "gay ke" judg lg the actn by applint Gareth Lee as admissible, sayg he had "failed to exhst domtic remedi" available to him the UK ntroversy began 2014 when a bakery Northern Ireland refed to make Mr Lee a ke rated wh the slogan "Support Gay Marriage", a Christian-n firm, refed the orr, sayg the slogan ntravened their relig Lee alleged the firm discrimated agast him and a urt battle News NI looks at the key dat the se. Image source, RtersImage ptn, Jack Phillips has temporarily stopped makg weddg kThe US Supreme Court has led favour of a baker Colorado who refed to make a weddg ke for a gay uple.The Colorado state urt had found that baker Jack Phillips' cisn to turn away David Mulls and Charlie Craig 2012 was unlawful discrimatn.But the Supreme Court led on Monday a 7-2 vote that that cisn had vlated Mr Phillips' rights. The nservative Christian ced his relig beliefs refg service.Gay rights groups feared a lg agast the uple uld set a precent for treatg gay marriag differently om heterosexual unns.But the Supreme Court's verdict stead foc specifilly on Mr Phillips' se.

‘GAY KE’ LEGAL CHALLENGE THROWN OUT BY EUROPEAN COURT OF HUMAN RIGHTS

The cisn do not state that florists, photographers, or other servic n now refe to work wh gay upl.The lg three years after the Supreme Court ma same-sex marriage the law of the land s landmark Obergefell v Hodg cisn.Image source, Getty ImagImage ptn, David Mulls (left) and Charlie Craig wanted a weddg ke to celebrate their planned marriageWhat did Monday's lg say?The Supreme Court's majory opn said the Colorado Civil Rights Commissn had been biased agast Mr Phillips.The verdict said the missn had shown "clear hostily" and implied relig beliefs "are ls than fully wele Colorado's bs muny". The Supreme Court Belfast has yet to release an opn on a lower urt lg that found the owners of a bakery discrimated agast a gay activist for refg to bake a ke wh the slogan "Support Gay Marriage".The row began May 2014, when gay activist Gareth Lee placed an orr for a ke wh the gay marriage slogan.Two days later, the Christian-owned Ashers bakery ncelled the orr sayg "would ntradict their relig beliefs". Get the ee Morng Headl email for news om our reporters across the worldSign up to our ee Morng Headl emailA man has lost a seven-year legal battle agast the Christian owners of a Belfast bakery who refed to make him a ke wh the slogan “support gay marriage” after his claim was led admissible by the European Court of Human Rights (ECHR) ECHR said Gareth Lee had failed to “exhst domtic remedi” the long-nng so-lled “gay ke” 2018, the UK Supreme Court led Mr Lee was not discrimated agast when Ashers bakery refed to make him a ke wh the slogan supportg gay Lee then referred the se to the ECHR, claimg the Supreme Court failed to give appropriate weight to him unr the European Conventn of Human, a lg, the urt said: “Conventn arguments mt be raised explicly or substance before the domtic thori.

(QueerSpace Belfast)His orr was accepted and he paid full, but two days later the Christian owners of the pany lled to say uld not proceed due to the msage Lee then lnched the legal se, supported by Northern Ireland's Equaly Commissn, allegg discrimatn on the grounds of his sexualy, and won heargs at the unty urt and the Northern Ireland Court of Appeal 2015 and the owners of Ashers, Daniel and Amy McArthur - backed by the Christian Instute - challenged those lgs at the Supreme Court, and 2018 five jtic unanimoly led they had not discrimated agast the Lee said he had “hoped for a different oute” his challenge to the said: “Everyone has eedom of exprsn and mt equally apply to lbian, gay, bisexual and trans people. To celebrate the Northern Ireland anti-homophobia week and the growg mpaign favour of same-sex marriage, he wished to buy a ke wh the slogan ‘Support Gay Marriage’ and wh a picture of Bert and Ernie om Same Street on .

It would be the same the other way round too – if gay bakery owners’ refed to make a ke wh the slogan “God s upon heterosexual marriage”, that would be unlawful discrimatn too, as Olivia Dobbie pots out her blog post. A plat by Northern Ireland gay rights activist Gareth Lee that he was discrimated agast when the Christian owners of a Belfast bakery refed to make him a ke iced wh the slogan "Support Gay Marriage" has been led admissible by the European Courts of Human European Court of Human Rights said has, by a majory, clared the applitn "admissible" on a pot of law. "He said he was "surprised" anyone would want to "overturn a lg that protects gay bs owners om beg forced to promote views they don't share jt as much as protects Christian bs owners" Calvert ntued: "The lg October 2018 by five of the untry's most distguished and experienced judg was weled by lawyers, mentators and ee speech experts om across the spectm.

WHAT WAS THE ‘GAY CAKE’ CASE ALL ABOUT?

"He add: "We believe this leav an ambiguy whereby dividuals and anisatns across Europe actively mpaigng on gay rights would be particularly vulnerable to a mercial bs refg to provi servic like prtg posters, leaflets, settg up webs, etc, through claimg an exemptn to non-discrimatn laws on the basis of ''s not you, 's your msage'. The European Court of Human Rights (ECHR) Strasbourg, north-eastern France, has led agast the Northern Ireland gay rights activist Gareth Lee, scribg his applitn as "admissible", a statement released this morng says. "We believe this leav an ambiguy whereby dividuals and anisatns across Europe actively mpaigng on gay rights would be particularly vulnerable to a mercial bs refg to provi servic like prtg posters, leaflets, settg up webs, etc, through claimg an exemptn to non-discrimatn laws on the basis of ''s not you, 's your msage'.

GAY RIGHTS ACTIVIST'S APPEAL LONG-NNG KE DISPUTE LED 'ADMISSIBLE' BY EUROPEAN COURT OF HUMAN RIGHTS

Lawyers reprentg a man om Northern Ireland who sued a bakery for refg to make a ke wh pro-gay marriage msage are gog to Europe to challenge a supreme urt lg that s evangelil Christian owners had a right to refe to bake .

Belfast human rights law firm Phoenix Law nfirmed on Thursday had been stcted by Gareth Lee to take his se to the European urt of human rights (ECHR) was told by Ashers bakery 2014 that would not make a ke wh the msage “Support Gay Marriage” on bee was ntrary to the owners’ relig years later the supreme urt reversed earlier cisns at Belfast unty urt and urt of appeal that Ashers had discrimated agast Lee on the grounds of him beg judg on the supreme urt, which 2018 sat for the first time Northern Ireland, found that the bakery did not refe Lee’s orr bee of his sexual orientatn. They led therefore that there was no discrimatn on those Lee’s legal team are now argug the ECHR that the supreme urt lg should be overturned bee bakg the ke did not imply “the bakery supportg (exprsly or implicly) the msage of the ke” lawyers ntend that no reasonable person would equate producg the ke for an dividual private ctomer wh the bakery supportg the pro-gay marriage msage on .

ASHERS 'GAY KE': MAN REFED KE BY BAKERY HAS DISCRIMATN SE THROWN OUT

”Belfast bakery ws gay ke discrimatn lg – vioLee’s lawyer Ciaran Moynagh add: “We’re ncerned the lg this se allows any pany, s shareholrs or owners to hold relig or polil views and those views tmp the rights of s ctomers. “The bakers uld not refe to supply their goods to Mr Lee bee he was a gay man or supported gay marriage, but that is que different om obligg them to supply a ke iced wh a msage wh which they profoundly disagreed, ” the five judg the ntroversy first flared up, Northern Ireland was still the only part of the UK where same-sex marriage was not regnised law. A Northern Irish gay rights activist who claimed he was discrimated agast when a bakery refed to make him a ke iced wh the slogan "Support Gay Marriage" has said he 'very much hoped for a different oute' after the claim was led admissible urt.

50 ke May 2014 featurg Same Street puppets Bert and Ernie for a private functn markg Internatnal Day Agast Homophobia om Ashers bakery orr was accepted and he paid full, but, two days later, the Christian owners of the pany lled to say uld not proceed due to the msage Lee then lnched the legal se, supported by Northern Ireland's Equaly Commissn, allegg discrimatn on the grounds of his sexualy, and won heargs at the unty urt and the Northern Ireland Court of Appeal 2015 and the owners of Ashers, Daniel and Amy McArthur - backed by the Christian Instute, challenged those lgs at the Supreme Court, and  2018 five jtic unanimoly led that they had not discrimated agast the Lee said at the time that the refal to make the ke ma him feel like a "send-class cizen" Christian Instute weled the ECHR lg, sayg was the "right rult". Director Daniel Holr said: “We believe this leav an ambiguy whereby dividuals and anisatns across Europe actively mpaigng on gay rights would be particularly vulnerable to a mercial bs refg to provi servic like prtg posters, leaflets, settg up webs, etc, through claimg an exemptn to non-discrimatn laws on the basis of ‘’s not you, ’s your msage’.

GAY MARRIAGE KE: CTOMER TAK SE TO EUROPEAN URT

”Welg the cisn of the European Court of Human Rights, Peter Lynas, former barrister and UK director of the Evangelil Alliance mented: “After almost eight years, the saga of the not so gay ke se may fally now be over.

'GAY KE' DISCRIMATN PLAT LED 'ADMISSIBLE' AFTER CHRISTIAN-N BAKERY REFED ORR

Se has been Lee, who sued the fay bakery 2014 for refg to ice a mpaign msage on a ke for a gay rights event, has today lost his appeal to the European Court of Human Rights ’s lawyers claimed the UK had failed to safeguard human rights.

‘GAY KE’ CHALLENGE THROWN OUT BY EUROPEAN COURT OF HUMAN RIGHTS