ECHR says Gareth Lee’s se agast bakery that refed to make ke wh ‘support gay marriage’ msage is admissible
Contents:
- US SUPREME COURT BACKS COLORADO BAKER'S GAY WEDDG KE SNUB
- SUPREME COURT TOSS LG AGAST BAKERS WHO REFED KE FOR GAY UPLE
- GAY COUPLE AT CENTER OF WEDDG CAKE DECISN SLAMS SUPREME COURT
- GAY WEDDG KE LG REAFFIRMS THAT BS N’T DISCRIMATE
- ASHERS 'GAY KE' SE: EUROPEAN URT L SE ADMISSIBLE
- ‘GAY KE’ ROW: MAN LOS SEVEN-YEAR BATTLE AGAST BELFAST BAKERY
- IN NARROW OPN, SUPREME COURT RUL FOR BAKER IN GAY-RIGHTS CASE
- THE BAKER, THE GAY COUPLE AND THE WEDDG CAKE
- 'THIS HAPPENS ALL THE TIME': WHY A GAY UPLE TOOK THEIR KE SE TO THE SUPREME URT
- ONE OF N.L.'S FIRST MARRIED GAY UPL LOOK BACK WH PRI
- GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE
US SUPREME COURT BACKS COLORADO BAKER'S GAY WEDDG KE SNUB
A bakery firm was taken to urt for refg to make a ke wh a "Support Gay Marriage" slogan. * gay couple cake *
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 Colorado state urt had found that baker Jack Phillips' cisn to turn away David Mulls and Charlie Craig 2012 was unlawful 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 rights groups feared a lg agast the uple uld set a precent for treatg gay marriag differently om heterosexual the Supreme Court's verdict stead foc specifilly on Mr Phillips' se. The cisn do not state that florists, photographers, or other servic n now refe to work wh gay lg three years after the Supreme Court ma same-sex marriage the law of the land s landmark Obergefell v Hodg 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 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" row began May 2014, when gay activist Gareth Lee placed an orr for a ke wh the gay marriage days later, the Christian-owned Ashers bakery ncelled the orr sayg "would ntradict their relig beliefs". The Supreme Court on Monday threw out a lg agast two Oregon bakers who refed to bake a weddg ke for a lbian uple, Melissa and Aaron Kle, ced relig beliefs as their reason for not providg servic for a gay weddg.
WASHINGTON SUPREME COURT RULES AGAINST FLORIST WHO REFUSED SERVICE FOR GAY COUPLE'S WEDDINGOn Monday, the Supreme Court sent the Kle se back down to a lower urt "for further nsiratn light of" their Colorado central disput the se -- which ps LGBT rights agast relig eedom nsiratns -- have yet to be addrsed by the Supreme Court.
SUPREME COURT TOSS LG AGAST BAKERS WHO REFED KE FOR GAY UPLE
* gay couple cake *
Kle then said the bakery do not make k for gay weddgs, urt documents 's mother, who was wh her, said Kle quoted the Bible when explag his Kles had to pay a $135, 000 judgment to the uple for discrimatg agast them vlatn of a state public acmodatns statute.
In a searg dissent, Jtice Sonia Sotomayor wrote that the cisn opened up a sea of disturbg possibili, givg the example of a nservative photographer who might refe to photograph an terracial uple or a funeral home that would refe to handle the body of a gay man. “At the same time the relig and philosophil objectns to gay marriage are protected views and some stanc protected forms of exprsn, ” Kennedy wrote, addg that the “ntral nsiratn to which Phillips was entled was promised here.
“The oute of s like this other circumstanc mt awa further elaboratn the urts, 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, ” the opn stat.
GAY COUPLE AT CENTER OF WEDDG CAKE DECISN SLAMS SUPREME COURT
”An earlier cisn the Kern unty superr urt also went Miller’s way, but was later vated by the fifth district urt of appeal, which sent the lawsu back to the cisn as a Colorado baker is challengg a lg he vlated that state’s anti-discrimatn law by refg to make a ke celebratg a genr baker, Jack Phillips, separately won a partial US supreme urt victory after refg on relig grounds to make a gay uple’s weddg ke a ago. 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. 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.
GAY WEDDG KE LG REAFFIRMS THAT BS N’T DISCRIMATE
“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’. ”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.
Kennedy said is "unexceptnal" that Colorado law "n protect gay persons acquirg products and servic on the same terms and ndns that are offered to other members of the public, " but at the same time, "the law mt be applied a manner that is ntral toward relign. Moreover, the state law at the time afford storekeepers some latu to cle creatg specific msag they nsired offensive, and the Colorado missn had prevly allowed three different bakers to refe to put an anti-gay msage on a ke.
ASHERS 'GAY KE' SE: EUROPEAN URT L SE ADMISSIBLE
" While a member of the clergy clearly nnot be forced to nduct a weddg ceremony for a same-sex uple, vlatn of his relig views, Kennedy said, Colorado "n protect gay persons, jt as n protect other class of dividuals. He closed by sayg that "the oute of s like this other circumstanc mt awa further elaboratn the urts, 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. They argued that as the Colorado missn had prevly allowed bakers to refe to rate k wh anti-gay signs, the missn's cisn to le agast Phillips was herently nsistent and discrimated agast some relig groups.
Colorado Civil Rights Commissn, the Supreme Court se about a baker who refed to make a weddg ke for a gay uple, rais important qutns about public acmodatn, ee speech and relig David Brooks nigrat the importance of the se, sayg “’s jt a ke” rather somethg of mer, like a hoe or a job — which is not the pot. Brooks, but when you say that you “fervently support gay marriage” but oppose this lawsu, my rponse is: You n’t have your ke and eat , MAGID HARTMINNEAPOLISTo the Edor:Re “A Baker’s First Amendment Rights, ” by Robert P. 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 KE’ ROW: MAN LOS SEVEN-YEAR BATTLE AGAST BELFAST BAKERY
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. 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.
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.
IN NARROW OPN, SUPREME COURT RUL FOR BAKER IN GAY-RIGHTS CASE
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.
THE BAKER, THE GAY COUPLE AND THE WEDDG CAKE
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. 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.
'THIS HAPPENS ALL THE TIME': WHY A GAY UPLE TOOK THEIR KE SE TO THE SUPREME URT
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.
ONE OF N.L.'S FIRST MARRIED GAY UPL LOOK BACK WH PRI
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.
GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE
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.
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.