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06 December 2018 / Dr Michael Arnheim
Issue: 7820 / Categories: Features , Discrimination
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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

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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