UK gay cake ruling overturned
October 10, 2018
A Northern Irish bakery that refused to bake a cake iced with a pro-gay slogan won its bid to overturn an earlier prosecution for discrimination after the UK's Supreme Court.
The five judges ruled that the business relationship between the prospective buyer, Gareth Lee, and vendor, Ashers Baking, did not involve people being refused jobs or services because of their religious faith, political affliation or sexual orientation.
Wednesday's ruling reversed an earlier decision made in a Belfast County court that Ashers had discriminated against Lee on the grounds of sexual orientation. It also overturned the 500-pound (€430, $405) damages award imposed on it.
Freedom of expression, as guaranteed by article 10 of the European convention on human rights, includes the right "not to express an opinion which one does not hold," according to Brenda Hale, president of the Supreme Court.
Don't let them eat cake
Belfast-based Ashers, run by evangelical Christians Daniel and Amy McArthur, was found guilty of discrimination in 2015 for refusing to make a cake with the words "Support Gay Marriage" and a picture of characters Bert and Ernie from television show Sesame Street.
Read more: Gay marriage becomes legal in Ireland
"This conclusion is not in anyway to diminish the need to protect gay people and people who support gay marriage," Hale said. "It is deeply humiliating and an affront to human dignity to deny someone the service because of that person's race, gender, sexual orientation, religion or belief but that is not what happened in this case."
Lee's order had initially been accepted at a branch of Ashers in Belfast, but two days later the firm said it would not make the cake.
Lee, a gay rights activist, sued the company for discrimination on the grounds of sexual orientation and political beliefs. He supports the campaign to legalize same-sex marriage in the UK province, the only part of the UK where same-sex marriage is not allowed.
A costly battle
The Northern Ireland Equality Commission spent £150,000 (€190,000, $205,000) of public money in backing Lee in the case, while Ashers spent £200,000, covered by The Christian Institute, a charity and lobby group. The cake itself would have cost £36.50.
Reactions
The socially conservative Democratic Unionist Party (DUP), the province's largest political party that also props up Britain's minority government, has blocked attempts to legalize gay marriage in the province. Its leader, Arlene Foster, retweeted news of the judgment.
The Equality Commission, meanwhile, said it was disappointed and expressed concern about the possible implications: "There is a concern that this judgment may raise uncertainty about the application of equality law in the commercial sphere, both about what businesses can do and what customers may expect," it said in a statement.
International resonance
The US supreme court arrived at a similar conclusion in June when it ruled in favor of a Colorado baker who refused to produce a wedding cake for a gay couple in 2012.
jbh/kms (AP, Reuters)