Gay Cake Case: What the Supreme Court Did, and Didn’t, Deci Ashers | Oxford Journal of Law and Relign | Oxford Amic

Contents:

• ASHERS 'GAY KE' SE: EUROPEAN URT L SE ADMISSIBLE
• I’VE CHANGED MY MD ON THE GAY KE ROW. HERE’S WHY
• ‘GAY KE’ ROW: MAN LOS SEVEN-YEAR BATTLE AGAST BELFAST BAKERY
• WHAT WAS THE ‘GAY CAKE’ CASE ALL ABOUT?
• 'GAY KE' ROW: WHAT IS THE DISPUTE ABOUT?
• 'GAY KE': ASHERS BAKERY SE HEARD AT SUPREME COURT
• ASHERS ‘GAY KE’ SE: EUROPEAN URT L SE ADMISSIBLE
• ASHERS 'GAY KE' ROW: BAKERY WILL NOT SEEK LEGAL STS
• 'GAY KE' ROW: JUDGE L AGAST ASHERS BAKERY

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. "Everyone has eedom of exprsn and mt equally apply to lbian, gay, bisexual and trans people, " he add. 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?

I’VE CHANGED MY MD ON THE GAY KE ROW. HERE’S WHY

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. Like most gay and equaly mpaigners, I ially nmned the Christian-n Ashers Bakery Belfast over s refal to produce a ke wh a pro-gay marriage slogan for a gay ctomer, Gareth Lee.

Much as I wish to fend the gay muny, I also want to fend eedom of nscience, exprsn and saga began 2014 when the bakery said was not willg to ice a ke wh the words “support gay marriage” and the logo of the equaly group Queer Space, claimg the msage was ntrary to s Christian beliefs. This stck many of as anti-gay discrimatn based on relig-spired homophobic prejudice. Ashers believ that the relatnships of lbian, gay, bisexual and transgenr (LGBT) people are wrong and should not be eligible for the stat of marriage.

Surely this was an example of clear-cut anti-gay discrimatn?

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

They claim to be Christians, yet J never once nmned homosexualy, and discrimatn is not a Christian value. It sought to challenge homophobia.

It pas me to say this, as a long-time supporter of the stggle for LGBT equaly Northern Ireland, where same-sex marriage and gay blood donors rema banned. However, the urt erred by lg that Lee was discrimated agast bee of his sexual orientatn and polil ke requt was refed not bee he was gay, but bee of the msage he asked for.

WHAT WAS THE ‘GAY CAKE’ CASE ALL ABOUT?

Dpe this, Judge Isobel Brownlie said that refg the pro-gay marriage slogan was unlawful direct sexual orientatn discrimatn.

” Brownlie th nclud that by refg to provi a ke wh a pro-gay marriage wordg Ashers had treated him ls favourably, ntrary to the fdg of polil discrimatn agast Lee sets a worryg precent. Or gay bakers accept orrs for k wh homophobic slurs? 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: WHAT IS THE DISPUTE ABOUT?

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 KE': ASHERS BAKERY SE HEARD AT SUPREME COURT

“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. Today we brg you a slice of ke or two and ask, what happened the ntroversial ‘gay ke’ se and what do have to do wh human rights?

Gareth Lee was a gay rights activist livg Northern Ireland. 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 . Later urt she emphasised this was no way related to his beg gay; was that to produce the ke would be to promote same-sex marriage and this was ntrary to their valu.

ASHERS ‘GAY KE’ SE: EUROPEAN URT L SE ADMISSIBLE

The judge said there had been direct discrimatn on both grounds: Mr Lee had been refed the ke bee he was gay (sexual orientatn) and bee he supported same sex marriage (polil belief). 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.

ASHERS 'GAY KE' ROW: BAKERY WILL NOT SEEK LEGAL STS

As the law stands, would only have been unlawful for the bakery owners to refe to make the ke for Gareth bee he was gay. Which begs the qutn, was the ke and the ia of gay marriage iced on , and not Gareth himself, that was beg discrimated agast? For the origal ‘gay ke’ se judgment, click here.

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?

The bakery me to wir promence July 2014 when emerged that had cled an orr s Belfast branch om gay rights activist Gareth Lee. 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.

'GAY KE' ROW: JUDGE L AGAST ASHERS BAKERY

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. In October 2016, the owners of the bakery lost their appeal agast the lg that their refal to make a "gay ke" was discrimatory.

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. 'Gay ke' back urtBy BBC News NI's Mark Simpson, si the Supreme Court What started as a dispute a Belfast bakery has end up the hight urt the land.

The protagonists were separated by only three seats is almost four years to the day sce gay activist Gareth Lee walked to Ashers bakery Belfast cy centre and tried to orr his ke. 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". "That was what Mr Lee unrstood was the offer they were makg to the world at large when he went wh his logo of Bert and Ernie and 'Support Gay Marriage'.