{"id":12718,"date":"2018-10-10T07:27:14","date_gmt":"2018-10-10T11:27:14","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=12718"},"modified":"2018-10-10T07:27:14","modified_gmt":"2018-10-10T11:27:14","slug":"gay-cake-row-bakers-win-uk-supreme-court-appeal","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2018\/10\/10\/gay-cake-row-bakers-win-uk-supreme-court-appeal\/","title":{"rendered":"&#8216;Gay cake&#8217; row: Bakers win UK Supreme Court appeal"},"content":{"rendered":"<p class=\"story-body__introduction\">The Christian owners of a Northern Ireland bakery have won their appeal in the so-called &#8220;gay cake&#8221; discrimination case.<\/p>\n<p>The UK&#8217;s highest court ruled that Ashers bakery&#8217;s refusal to make a cake with a slogan supporting same-sex marriage was not discriminatory.<\/p>\n<p>The five justices on the Supreme Court were\u00a0<a class=\"story-body__link-external\" href=\"https:\/\/www.supremecourt.uk\/cases\/uksc-2017-0020.html\" target=\"_blank\" rel=\"noopener\">unanimous in their judgement<\/a>.<\/p>\n<p>The high-profile dispute began in 2014 when the bakery refused to make a cake with the slogan &#8220;Support Gay Marriage&#8221;.<\/p>\n<p>The customer, gay rights activist Gareth Lee, sued the company for discrimination on the grounds of sexual orientation and political beliefs.<\/p>\n<p><a class=\"story-body__link\" href=\"https:\/\/www.bbc.co.uk\/news\/uk-northern-ireland-32791239\" target=\"_blank\" rel=\"noopener\">Ashers lost the case<\/a>\u00a0and\u00a0<a class=\"story-body__link\" href=\"https:\/\/www.bbc.co.uk\/news\/uk-northern-ireland-37748681\" target=\"_blank\" rel=\"noopener\">the subsequent appeal<\/a>, but on Wednesday the firm won its appeal at the Supreme Court.<\/p>\n<p>The legal battle &#8211; which has lasted four-and-a-half years and has cost nearly \u00a3500,000 so far &#8211; has raised questions over equality and freedom of conscience.<\/p>\n<p>Ashers bakery&#8217;s general manager Daniel McArthur said he was delighted and relieved by the ruling.<\/p>\n<p>&#8220;I know a lot of people will be glad to hear this ruling today, because this ruling protects freedom of speech and freedom of conscience for everyone,&#8221; Mr McArthur said outside the court.<\/p>\n<p>Mr Lee said the case had made him feel like a second-class citizen and that he was now now concerned about &#8220;the implications for all of the gay community&#8221;.<\/p>\n<p>&#8220;To me, this was never about conscience or a statement. All I wanted to do was to order a cake in a shop,&#8221; he said.<\/p>\n<p>The Equality Commission for Northern Ireland, which has supported Gareth Lee&#8217;s action against Ashers, said it would study the implications of the judgement carefully.<\/p>\n<p>&#8220;There is a concern that this judgement may raise uncertainty about the application of equality law in the commercial sphere, both about what businesses can do and what customers may expect,&#8221; said Dr Michael Wardlow, the organisation&#8217;s chief commissioner.<\/p>\n<h2 class=\"story-body__crosshead\">What is the row about?<\/h2>\n<p>Customer Gareth Lee requested a cake featuring the Sesame Street characters Bert and Ernie, iced with the message: &#8220;Support Gay Marriage.&#8221;<\/p>\n<p>His order was initially accepted at a branch of Ashers in Belfast city centre, but two days later the baking firm&#8217;s head office contacted Mr Lee to say the firm would not make the cake.<\/p>\n<h2 class=\"story-body__crosshead\">Why did the bakers refuse?<\/h2>\n<p>The family-run baking company, based in County Antrim, has described the same-sex marriage slogan as &#8220;inconsistent&#8221; with its religious beliefs.<\/p>\n<p>But it points out that the company&#8217;s issue was with the slogan and not Mr Lee, claiming it would have refused the same order from a heterosexual client.<\/p>\n<p>As he arrived outside the Supreme Court for the start of the case in May, Mr McArthur said: &#8220;We didn&#8217;t say no because of the customer; we&#8217;d served him before, we&#8217;d serve him again.<\/p>\n<p>&#8220;It was because of the message. But some people want the law to make us support something with which we disagree.&#8221;<\/p>\n<h2 class=\"story-body__crosshead\">What has the court said and why?<\/h2>\n<p>In the court&#8217;s judgement (case reference [2018] UKSC 49), president of the Supreme Court Lady Hale ruled that the bakers did not refuse to fulfil the order because of his sexual orientation.<\/p>\n<p>&#8220;They would have refused to make such a cake for any customer, irrespective of their sexual orientation,&#8221; she said.<\/p>\n<p>&#8220;Their objection was to the message on the cake, not to the personal characteristics of Mr Lee.&#8221;<\/p>\n<p>She added: &#8220;Accordingly, this court holds that there was no discrimination on the ground of the sexual orientation of Mr Lee.&#8221;<\/p>\n<h2 class=\"story-body__crosshead\">What does this mean for the law?<\/h2>\n<p>When Mr Lee first took action against the firm, he said the bakery&#8217;s actions left him feeling like a lesser person.<\/p>\n<p>On Wednesday, the Supreme Court ruled that there was no political discrimination as well as no discrimination based on Mr Lee&#8217;s sexual orientation.<\/p>\n<p>&#8220;This conclusion is not in any way to diminish the need to protect gay people and people who support gay marriage from discrimination,&#8221; said Lady Hale.<\/p>\n<p>&#8220;It is deeply humiliating, and an affront to human dignity, to deny someone a service because of that person&#8217;s race, gender, disability, sexual orientation, religion or belief.<\/p>\n<p>&#8220;But that is not what happened in this case.&#8221;<\/p>\n<p>Five Supreme Courts justices travelled to Belfast earlier this year\u00a0<a class=\"story-body__link\" href=\"https:\/\/www.bbc.co.uk\/news\/uk-northern-ireland-43955734\" target=\"_blank\" rel=\"noopener\">to hear the case.<\/a><\/p>\n<h2 class=\"story-body__crosshead\">&#8216;Most expensive cake in UK history&#8217;<\/h2>\n<p><strong>By Mark Simpson at the Supreme Court in London<\/strong><\/p>\n<figure class=\"media-landscape no-caption full-width\"><span class=\"image-and-copyright-container\"><img loading=\"lazy\" decoding=\"async\" class=\"responsive-image__img js-image-replace\" src=\"https:\/\/ichef.bbci.co.uk\/news\/624\/cpsprodpb\/16D63\/production\/_103793539_cakecostsnew-nc.png\" alt=\"'Gay cake' row costs graphic\" width=\"624\" height=\"350\" data-highest-encountered-width=\"624\" \/><\/span><\/figure>\n<p>Questions will now be asked as to whether the Equality Commission was right to spend more than \u00a3250,000 of public money on this case.<\/p>\n<p>The commission backed Mr Lee, who ordered the &#8220;gay cake&#8221; but was refused.<\/p>\n<p>Four years later, the Supreme Court has ruled it was not a case of discrimination.<\/p>\n<p>Ashers bakery has spent more \u00a3200,000 on the case. It is being paid by The Christian Institute, a charity and lobby group.<\/p>\n<p>The cake at the centre of the dispute would have cost \u00a336.50.<\/p>\n<p>It has proved to be most expensive cake order in UK history.<\/p>\n<p>Source: <a href=\"https:\/\/www.bbc.co.uk\/news\/uk-northern-ireland-45789759\" target=\"_blank\" rel=\"noopener\">bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\">The Christian owners of a Northern Ireland bakery have won their appeal in the so-called &#8220;gay cake&#8221; discrimination case. The UK&#8217;s highest court ruled that Ashers bakery&#8217;s refusal to make a cake with a slogan <a class=\"mh-excerpt-more\" href=\"https:\/\/worldjusticenews.com\/news\/2018\/10\/10\/gay-cake-row-bakers-win-uk-supreme-court-appeal\/\" title=\"&#8216;Gay cake&#8217; row: Bakers win UK Supreme Court appeal\">[&#8230;]<\/a><\/div>\n","protected":false},"author":1,"featured_media":12719,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[109,2,4],"tags":[1111,336,1609,1864],"class_list":{"0":"post-12718","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-headline","8":"category-news","9":"category-uk","10":"tag-ashers-bakery","11":"tag-belfast","12":"tag-lgbt","13":"tag-northern-ireland","14":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/12718","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=12718"}],"version-history":[{"count":1,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/12718\/revisions"}],"predecessor-version":[{"id":12720,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/12718\/revisions\/12720"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/12719"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=12718"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=12718"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=12718"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}