header-logo header-logo

06 December 2018 / Dr Michael Arnheim
Issue: 7820 / Categories: Features , Discrimination
printer mail-detail

The gay wedding cake saga

Michael Arnheim looks at false analogies & illogicalities in the ‘gay wedding cake’ decisions

  • Reviews the high-profile ‘gay marriage cake’ case.
  • Highlights false analogies and illogicality in the chain of decisions.
  • Concludes the Supreme Court made the right decision.

Are bakers legally obliged to make a cake bearing a slogan to which they have a fundamental religious objection? Whatever the bakers’ religion may be, it surely cannot be right to force them to promote a belief with which they fundamentally disagree. Nor should it matter what the objectionable slogan is. Otherwise the right to freedom of religion and the right to freedom of expression enshrined in the European Convention on Human Rights (ECHR) have no meaning. Yet, this is precisely the situation in which a Christian couple who owned a bakery in Belfast found themselves—until the matter came before the UK Supreme Court (UKSC).

Material facts

Colin and Karen McArthur (pictured), the proprietors of Ashers Baking Company in Belfast, were approached by Gareth Lee, a gay man, and asked

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll