The ‘gay ke’ fight: why the bakers had a right to refe this orr | Kenan Malik | The Guardian

Contents:

• THE ‘GAY KE’ FIGHT: WHY THE BAKERS HAD A RIGHT TO REFE THIS ORR
• GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE
• GAY KE ROW: DISCRIMATN SE ADMISSIBLE, SAYS EUROPEAN URT
• BAKER WHO WOULDN’T MAKE ANTI-GAY KE CLEARED OF DISCRIMATN CHARGE
• 'GAY KE' DISCRIMATN PLAT LED 'ADMISSIBLE' AFTER CHRISTIAN-N BAKERY REFED ORR
• GAY MARRIAGE KE: CTOMER TAK SE TO EUROPEAN URT
• ASHERS 'GAY KE': MAN REFED KE BY BAKERY HAS DISCRIMATN SE THROWN OUT
• EUROPEAN URT CL TO TAKE NORTHERN IRELAND ‘GAY KE’ DISCRIMATN SE
• 'GAY KE' BAKERY DISCRIMATED AGAST CLIENT OVER SEXUAL ORIENTATN, URT TOLD
• EUROPEAN COURT L NORTHERN IRELAND GAY KE SE ADMISSIBLE

THE ‘GAY KE’ FIGHT: WHY THE BAKERS HAD A RIGHT TO REFE THIS ORR

And the story of how the icg on that ke beme, bizarrely, an exhib the ntemporary culture 2014 Gareth Lee, an LGBT activist, asked Ashers bakery Belfast to make a ke rated wh imag of the Same Street puppets Bert and Ernie, together wh the slogan: “Support gay marriage”. Other Christians prosecuted for preachg hatred clu Michael Overd, nvicted at Bristol crown urt of quotg homophobic passag om the Bible, and Shawn Hol, fed for preachg on the streets of Glasgow that gays served the “wrath of God” that Christians themselv are slow to censor. Siarly, Christian B&B owners should not be able to turn away gays, even if they believe that homosexualy is a treatment, however, is not the same as forcg someone to exprs particular views.

But the hight urt the land is not cidg the big issue the se – whether a bs n refe to serve gay and lbian Supreme Court jtic' limed lg Monday turns on what the urt scribed as anti-relig bias on the Colorado Civil Rights Commissn when led agast baker Jack Phillips. The lg mak clear that “is unexceptnal that Colorado law n protect gay persons, jt as n protect other class of dividuals, acquirg whatever products and servic they choose on the same terms and ndns as are offered to other members of the public.

“any cisn favor of the baker would have to be sufficiently nstraed, lt all purveyors of goods and servic who object to gay marriag for moral and relig reasons effect be allowed to put up signs sayg ‘no goods or servic will be sold if they will be ed for gay marriag, ’ somethg that would impose a ser stigma on gay persons. The urt said that “the disput mt be rolved wh tolerance, whout undue disrpect to scere relig beliefs, and whout subjectg gay persons to digni when they seek goods and servic an open market. ImageLorie Smh said her Christian fah requir her to turn away ctomers seekg servic to celebrate same-sex Woolf for The New York TimThe Supreme Court sid on Friday wh a web signer Colorado who said she had a First Amendment right to refe to sign weddg webs for same-sex upl spe a state law that forbids discrimatn agast gay people.

GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE

’”The se, though amed as a clash between ee speech and gay rights, was the latt a seri of cisns favor of relig people and groups, notably nservative cisn also appeared to suggt that the rights of L. The liberal jtic viewed as somethg else entirely — a dispute that threatened societal protectns for gay rights and rolled back some recent an impassned dissent, Jtice Sonia Sotomayor warned that the oute signaled a return to a time when people of lor and other mory groups faced open discrimatn. Kavangh and Amy Coney Barrett, shifted the urt to the urts have generally sid wh gay and lbian upl who were refed service by bakeri, florists and others, lg that potential ctomers are entled to equal treatment, at least parts of the untry wh laws forbiddg discrimatn based on sexual owners of bs challengg those laws have argued that the ernment should not force them to choose between the requirements of their fahs and their livelihoods.

A baker refed to make a weddg ke for their receptn on relig Cote for The New York TimHad there been an actual gay person who was refed a weddg-related service at the center of 303 Creative L. Irish-Amerin Gay, Lbian and Bisexual Group of Boston, Inc., a se om 1995 which the urt sid wh the anizers of a veterans para that blocked a group of gay, lbian and bisexual people om marchg the event. Jtice Sotomayor seemed pecially ncerned about the way the urt’s opn would send a disapprovg msage to the public about people who are gay, lbian, bisexual or transgenr, or who were same-sex relatnships.

Addnally, several stat terpret existg laws agast sex discrimatn to apply to bias relatg to sexual orientatn and genr inty, even though they do not have laws explicly forbiddg such stat that do not offer protectns to gay and transgenr people on those grounds, municipal laws ver many Human Rights Campaign, an L. McCoy for The New York TimThe urt’s cisn favor of a Colorado web signer, Lorie Smh, had an unual feature: It was based on njecture and Smh, who objects to providg weddg-related servic for same-sex marriag, never turned down a gay uple.

GAY KE ROW: DISCRIMATN SE ADMISSIBLE, SAYS EUROPEAN URT

ETFriday’s lg was another reassurg cisn for relig celebratory moment outsi the Supreme Court on Friday, after the urt livered the latt a strg of judgments favor of relig Zuhaib/Associated PrsConservativ who have moral and theologil objectns to gay marriage saw the Supreme Court’s cisn on Friday as reassurance that they would be able to assert their beliefs a public square that they see as creasgly hostile to a 6-to-3 vote, spl along iologil l, the jtic agreed wh a web signer Colorado who said she had a First Amendment right to refe to provi servic for same-sex marriag, spe a state law that forbids discrimatn agast gay people.

”Acrdg to pollg om 2021 by the Public Relign Rearch Instute, majori of most major relig groups — cludg Catholics, Jews and Mlims — oppose allowg small-bs owners to refe to serve gay and lbian people on relig grounds. Several siar s have centered on nservative Christian small bs owners who object to workg on gay weddgs specifilly, cludg a baker Colorado, two vatn signers Arizona and a Kentucky-based a news nference shortly after the lg was issued, Krist Waggoner, general unsel for Alliance Defendg Freedom, which reprented Ms.

” She said her nsiratn acceptg work as a webse signer was the “msage” of the se, not the inty of the Smh’s portfol clus webs for church, real tate pani and polil many nservative Christians hailed the cisn on Friday, drew cricism om some progrsive Christians and terfah groups, cludg those that serve gay people of fah. McCoy for The New York TimGay and transgenr rights anizatns on Friday nmned the Supreme Court lg backg a Colorado webse signer’s bid to refe to provi servic for same-sex marriag, llg the cisn a dangero backslidg on L. ETHere’s how urt battl over servg same-sex upl have played out the Cote for The New York TimIn the latt se volvg same-sex marriage rights, relig eedom and discrimatn, the Supreme Court on Friday led favor of a web signer Colorado who said she had a First Amendment right not to provi servic for same-sex marriag spe a state law that bans discrimatn agast gay ’s a brief look at some of the most proment s before Friday’s:A Colorado baker ws urtIn June 2018, the Supreme Court led favor of a Colorado baker who refed to bake a weddg ke for a gay uple.

BAKER WHO WOULDN’T MAKE ANTI-GAY KE CLEARED OF DISCRIMATN CHARGE

Kennedy wrote that the missn’s members had acted wh “clear and impermissible hostily” to people wh scerely held relig Bra, a kemaker prevailsBra’s Supreme Court led favor of a bakery October 2018 that had refed to make a ke bearg the slogan “Support Gay Marriage, ” sayg the refal was not discrimatory.

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

The urt’s cisn mak easier for bs Bra to cle ctomer requts that are at odds wh their dispute began 2014, when Gareth Lee, a gay rights activist Northern Ireland, sought to buy a ke for a party om Ashers Bakg Company Belfast that showed two “Same Street” characters, Bert and Ernie; a logo for his group, QueerSpace; and the slogan supportg gay marriage. A florist Washgton State says her rights were vlatedIn 2013, Barronelle Stutzman, the owner of a flower shop the small cy of Richland, southeastern Washgton, refed to create floral arrangements for a gay uple’s two grooms, Robert Ingersoll and Curt Freed, had prevly bought flowers at her store, Arlene’s Flowers. ”Invatn signers sue the cy of PhoenixThe Arizona Supreme Court agreed to hear arguments January after two Christian vatn signers said they would refe to create weddg vatns for same-sex upl if Da and Breanna Koski, evangelil Christians and the owners of Bsh & Nib Stud, sued the cy of Phoenix 2016, sayg they feared legal retributn if they did not fulfill requts om gay or lbian upl.

Colorado Civil Rights Cote for The New York TimThe Supreme Court’s cisn on Friday favor of a Colorado web signer has echo of a 2018 se about a baker who had turned away a gay uple seekg a weddg that cisn, Masterpiece Cakhop v. Kennedy, who wrote the majory opn the 7-to-2 cisn 2018, seemed unable to choose between two of his re mments: He was the thor of every major Supreme Court cisn protectg gay rights unr the Constutn and also the urt’s most arnt fenr of ee speech. “The oute of s like this other circumstanc mt awa further elaboratn the urts, ” he wrote, “all the ntext of regnizg that the disput mt be rolved wh tolerance, whout undue disrpect to scere relig beliefs, and whout subjectg gay persons to digni when they seek goods and servic an open market.

GAY MARRIAGE KE: CTOMER TAK SE TO EUROPEAN URT

After the 2020 electn, Colorado bee a center of electn nspiraci, a e embraced by some of s state is “a nice enpsulatn on what lims have been placed on the Christian right and what power and fluence they n still yield, ” William Schultz, a historian at the Universy of Chigo Divy School who is workg on a book about Christian culture Colorado Sprgs, said last 1992, voters the state passed what was nsired at the time to be an unual ballot iative prohibg Colorado om regnizg gay, lbian and bisexual people as a protected class. Another poll by Pew found that almost half of whe evangelils born after 1964 favored same-sex marriage 2017, pared to about a quarter of olr whe fah groups that have tradnally opposed gay rights now support some acmodatns for same-sex marriage. PetersCoverg the media's tersectn wh polics, culture and lawThree years ago, Jtice Neil Gorsuch, who wrote today's opn favor of the webse signer who oppos same-sex marriage, was the thor of a very different opn om the urt, lg that a landmark civil rights law protects gay and transgenr employe om workplace discrimatn.

Emphasizg her view that prohibg bs om discrimatg agast gay people is a regulatn of nduct, not speech, she wr: “The majory’s repeated votn of this Orwellian thought policg is revealg of jt how much misunrstands this se.

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

The New Republic published an article reportg that the Colorado webse signer who oppos same-sex marriage, and whose challenge to Colorado’s antidiscrimatn law took this se to the Supreme Court, may not have received an actual requt om a gay uple to create a weddg 30, 2023, 10:17 a. ETHere’s what to know about the ee speech a 6-to-3 vote, spl along iologil l, the Supreme Court sid on Friday wh a web signer Colorado who said she had a First Amendment right to refe to provi servic for same-sex marriag spe a state law that forbids discrimatn agast gay people.

”The se, though amed as a clash between ee speech and gay rights, was the latt a seri of cisns favor of relig people and groups, notably nservative Christians, who celebrated the lg on Friday as a victory for relig dissent, Jtice Sonia Sotomayor lled the lg “profoundly wrong, ” argug that the Colorado anti-discrimatn law “targets nduct, not speech, for regulatn, and the act of discrimatn has never nstuted protected exprsn unr the First Amendment.

EUROPEAN URT CL TO TAKE NORTHERN IRELAND ‘GAY KE’ DISCRIMATN SE

At the same time, the lg limed the abily of the ernments to enforce anti-discrimatn urts have generally sid wh gay and lbian upl who were refed service by bakeri, florists and others, lg that potential ctomers are entled to equal treatment, at least parts of the untry wh laws forbiddg discrimatn based on sexual orientatn.

The European Court of Human Rights (ECHR) has thrown out a se agast a Christian uple who refed to bake a ke wh a msage support of gay marriage what Sir Jefey Donaldson, the DUP lear, said was a "victory for eedom of exprsn and belief".

'GAY KE' BAKERY DISCRIMATED AGAST CLIENT OVER SEXUAL ORIENTATN, URT TOLD

50 ke om Daniel and Amy McArthur, the Christian owners of Ashers bakery uple refed to fulfil the orr bee they disagreed wh s sign, which featured Same Street puppets Bert and Ernie and the slogan "Support Gay Marriage" refal sparked a seven-year se, stg the Equaly Commissn of Northern Ireland £251, 000 of public money. "He said there were "ser qutns" for Northern Ireland's Equaly Commissn after had backed Mr Lee, while the Christian Instute said was "good news for ee speech, good news for Christians" Calvert, a Christian Instute spokman, said: "I'm 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. Durg the live show, each of our panelists tried to tell the backstory of three of the most important s that the urt will ci this June—s about affirmative actn, votg rights, and anti-gay discrimatn.

EUROPEAN COURT L NORTHERN IRELAND GAY KE SE ADMISSIBLE

“BY THE GRACE OF THE GOOD LORD, I [name redacted], that my hont opn – ‘GAY MARRIAGE’ IS A PERVERSION OF EQUALITY and the 34th Amendment to the Irish Constutn should be REPEALED, ” the man requted be wrten on the ke.

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’.

”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. "The ADF is untg on you to jo them seeg the LGBTQ muny as an outsized threat pared to the actual percentage of adult Amerins who intify as lbian, gay, bisexual or transgenr, " Greenmh Supreme Court's cisn the se is "yet another weapon the arsenal or arm of the octop" of the "same people who are phg the legislatn, " Greenmh Amerins support LGBTQ rights, surveys fdAnother recent survey also found most Amerins support nondiscrimatn protectns for LGBTQ Amerin adults – cludg two-thirds of those intifyg as Catholics or Christians – disagree wh relig-based nial of medil re, employment or other servic to LGBTQ dividuals, acrdg to a September 2022 survey nducted by the Universy of Chigo partnership wh the Williams Instute, a thk tank dited to genr inty and sexual orientatn rearch at the Universy of California Los Angel School of, pollg that asks qutns on the right of a bs owner to refe service based on their relig beliefs shows more mixed rults.