What is The Gay Cake Case?
The gay cake case involves possibly one of the most controversial cakes in history, which ended up being the subject of a Supreme court case. The case was between LGBTQ+ campaigner Gareth Lee and Belfast’s Ashers Bakery.
The discrimination case was held in the Supreme court in London after Ashers Bakery refused to bake a cake with a message promoting same-sex marriage, due to their religious beliefs.
Following an appeal by Ashers’ owners, Evangelical Christian husband and wife, Daniel and Amy Mc Arthur, the Supreme court overturned the previous ruling in favor of Lee. Initially, Lee won a case on the grounds that Ashers Bakery had unlawfully discriminated.
The Supreme court stated that no discrimination has occurred against Mr Lee personally, and that the issue was instead with the message the bakery was being asked to promote. The court holding stated that people in the UK could not legally be forced to promote a message that they fundamentally disagreed with.
In August 2019, Lee announced plans to bring the case to the European Court of Human Rights, claiming the decision of the Supreme court failed to respect his human rights.
“It is not right that I shall have to consider everytime I go into a shop whether the business can choose to serve me depending on its views of my sexual orientation, religion or politics.”
This is a rather poignant statement considering the cake order was made to mark anti-homophobia week in 2014.
Ashers Bakery website states, “We help you cheer people up, say sorry or maybe even I love you..” A somewhat controversial statement considering the case and should possibly come with a clause?
The Christian Institute stated that the result was a, “Victory for freedom of speech and religious expression.” The Christian Inststiute’s Legal Defence Fund covered Ashers legal fees.
Cake Controversy
The ruling caused many controversial views from a number of high profile individuals, Patrick Stewart being one. Stewart supported the Mc Arthur’s for refusing to promote a message that they didn't agree with.
Stewart explained his support of the Mc Arthurs, “Both equality and freedom of speech are fundamental rights — and this case underscores how we need to ensure one isn’t compromised in the pursuit of the other.”
Additionally, LGBTQ+ campaigner Peter Tatchell argued about the fundamental fact of freedom of speech in this case.
“Much as I wish to defend the gay community, I also want to defend freedom of conscience, expression and religion.”
More Clarity Is Needed in NI Equality Law
Michael Wardlow, Head of the Equality Commission of Northern Ireland stated, “…This judgment leaves a lack of clarity in the equality law.”
As of January 13th 2020 same-sex marriage is legal in Northern Ireland, almost 6 years behind England and Wales.
As of February 2020 the government has introduced new measures to avoid potential discrimination cases when it comes to the newly legalized same-sex marriage.
Businesses including florists, photographers and hotels have no ‘opt-out’ clause when it comes to refusing to provide their services for same-sex ceremonies. The NI government has stated, “..services providers do not discriminate on grounds of sex or sexual orientation.”
What is evident from the case is that clearer laws are needed to avoid potential discrimination cases to protect not only freedom of speech, but also the LGBTQ+ community of Northern Ireland.
