Mixed reaction to ruling in bakery discrimination case
Lawyers and campaigners have served up a mixed reaction to a ruling that the owners of a Belfast bakery unlawfully discriminated against a customer by refusing to decorate a cake with the slogan, “Support Gay Marriage”.
The owners, who are devout Christians, oppose gay marriage due to their religious beliefs. They were found to have directly discriminated against the customer contrary to the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 and on the grounds of religious and political belief contrary to the Fair Employment and Treatment (Northern Ireland) Order 1998.
Michael Wardlow, chief commissioner of the Equality Commission for Northern Ireland, which acted for Gareth Lee, the customer, in Lee v Ashers [2016] MOR 10086, said the court had “ruled out a suggestion which had been made as part of the appeal, that anti-discrimination laws treat less favourably people who share a religious belief concerning the sinful nature of homosexual activity”.
Lord Chief Justice Morgan, delivering his judgment, said: “Anyone who applies a religious aspect or a political aspect to the provision of services may be caught by equality legislation, not because the legislation treats their religious belief or political opinion less favourably but because that person seeks to distinguish, on a basis that is prohibited, between those who will receive that service and those who will not.”
However, veteran gay rights campaigner Peter Tatchell said: “This verdict is a defeat for freedom of expression.
“As well as meaning that Ashers can be legally forced to aid the promotion of same-sex marriage, it also implies that gay bakers could be forced by law to decorate cakes with homophobic slogans.”
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