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
- GAY WEDDG KE LG REAFFIRMS THAT BS N’T DISCRIMATE
- IN NARROW OPN, SUPREME COURT RUL FOR BAKER IN GAY-RIGHTS CASE
- SUPREME COURT CIS COLORADO GAY WEDDG KE SE: A TIMELE OF EVENTS
- GAY COUPLE AT CENTER OF WEDDG CAKE DECISN SLAMS SUPREME COURT
- A SECRET AL BETWEEN JTIC JOHN ROBERTS AND ANTHONY KENNEDY ON GAY RIGHTS AND WHAT MEANS TODAY
- 'GAY KE' LEGAL CHALLENGE THROWN OUT AFTER SEVEN-YEAR BATTLE
- GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE
- ‘GAY KE’ ROW: MAN LOS SEVEN-YEAR BATTLE AGAST BELFAST BAKERY
- WHAT WAS THE ‘GAY CAKE’ CASE ALL ABOUT?
- HOW DID THE BERT AND ERNIE ‘GAY CAKE’ ROW END UP AT THE HUMAN RIGHTS COURT?
- 'GAY KE' DISCRIMATN PLAT LED 'ADMISSIBLE' AFTER CHRISTIAN-N BAKERY REFED ORR
US SUPREME COURT BACKS COLORADO BAKER'S GAY WEDDG KE SNUB
A Colorado baker who had won a narrow U.S. Supreme Court victory over his refal to make a weddg ke for a gay uple on Thursday lost his appeal of a lg a separate se that he vlated a state anti-discrimatn law by not makg a ke to celebrate a genr transn. * gay cake rights *
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".
GAY WEDDG KE LG REAFFIRMS THAT BS N’T DISCRIMATE
The se centr on a bakery Northern Ireland that refed to make a ke wh 'Support Gay Marriage' wrten on . * gay cake rights *
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.
" 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.
Supreme Court victory over his refal to make a weddg ke for a gay uple on Thursday lost his appeal of a lg a separate se that he vlated a state anti-discrimatn law by not makg a ke to celebrate a genr Colorado Court of Appeals agreed wh a trial judge that Masterpiece Cakhop and the bakery's owner, Jack Phillips, vlated Autumn Srda's rights by nyg her service bee of her inty as a transgenr woman.
IN NARROW OPN, SUPREME COURT RUL FOR BAKER IN GAY-RIGHTS CASE
Supreme Court 2017 agreed to hear Phillips’ challenge to the Colorado Civil Rights Commissn's ncln he discrimated agast a gay uple for whom he had refed to make a weddg Supreme Court 2018 led Phillips' favor but on narrow grounds that stopped short of creatg a ee speech exemptn to anti-discrimatn laws, fdg the missn was hostile toward Phillips’ Christian 6-3 nservative majory urt December heard arguments a siar se volvg Alliance Defendg Freedom client Lorie Smh, a Christian web signer who argu she has a right to refe to provi servic for same-sex se is Srda v. 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. Cisn to take on the se reflected renewed energy among the urt's nservative jtic, whose ranks have recently been bolstered by the addn of Jtice Neil Gorsuch to the high Phillips, the owner of Masterpiece Cakhop Lakewood, Colo., cled to make a ke for the weddg celebratn of two gay men 2012.
SUPREME COURT CIS COLORADO GAY WEDDG KE SE: A TIMELE OF EVENTS
"The laws and the Constutn n, and some stanc mt, protect gay persons and gay upl the exercise of their civil rights, but relig and philosophil objectns to gay marriage are protected views and some stanc protected forms of exprsn, " the Court said s cisn.
GAY COUPLE AT CENTER OF WEDDG CAKE DECISN SLAMS SUPREME COURT
"While is unexceptnal that Colorado law n protect gay persons acquirg products and servic on the same terms and ndns as are offered to other members of the public, the law mt be applied a manner that is ntral toward relign. "In s cisn, the Supreme Court did not ci whether a bs has the right to refe to serve gay and lbian people Bar Gsburg and Sonia Sotomayor, two of the Court's more liberal jtic, Associated Prs ntributed to this report.
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. The negotiatns those s, not prevly reported, offer a glimpse to tra-offs among jtic, monstrate the chief’s soft power of persuasn and show that the urt’s sentiment on gay rights issu n be both ght and evolvg.
A SECRET AL BETWEEN JTIC JOHN ROBERTS AND ANTHONY KENNEDY ON GAY RIGHTS AND WHAT MEANS TODAY
“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, ” Kennedy wrote, reflectg his ntued tentativens. Gsburg and Sotomayor were the only dissenters, homg on the bias the gay men faced: “What matters, ” Gsburg wrote, “is that Phillips would not provi a good or service to a same-sex uple that he would provi to a heterosexual uple.
A se seven years the makg, but after years of liberatns back and forth, Europe’s top human rights urt has tossed the so-lled "gay ke" se the a lg, the European Court of Human Rights (ECHR) Strasbourg said the se which the Northern Irish gay-rights activist, Gareth Lee, brought agast the UK was "admissible" bee at no pot the domtic proceedgs had he voked his rights unr the European nventn on human rights. "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. "Back 2014, when same-sex marriage was still illegal Northern Ireland, Lee went to Christian-n Ashers bakery Belfast to orr a ke wh the slogan "Support Gay Marriage", featurg Same Street characters Bert and Ernie.
'GAY KE' LEGAL CHALLENGE THROWN OUT AFTER SEVEN-YEAR BATTLE
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. 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.
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.
GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE
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. 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. 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’ ROW: MAN LOS SEVEN-YEAR BATTLE AGAST BELFAST BAKERY
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.
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.
WHAT WAS THE ‘GAY CAKE’ CASE ALL ABOUT?
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. 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.
HOW DID THE BERT AND ERNIE ‘GAY CAKE’ ROW END UP AT THE HUMAN RIGHTS COURT?
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.
'GAY KE' DISCRIMATN PLAT LED 'ADMISSIBLE' AFTER CHRISTIAN-N BAKERY REFED ORR
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.
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.