Tag Archives: Ashers

Ashers found to have discriminated

Today the full judgement of in the case of Gareth Lee v Ashers Baking Co. Limited, Daniel McArthur and Karen McArthur was handed down in court.

In her judgement Judge Brownlie found that the company and the McArthurs directly discriminated against Mr Lee on the grounds of religious belief and/or political opinion [paragraph 66].That Daniel and Karen McArthur directly discriminated against Mr Lee on the ground of his sexual orientation [para 46] because they had the knowledge or perception that Mr Lee was gay and/or associated with others who were [para 39]

She also stated that the company were not a religious organisation but a business existing for profit and therefore not exempt from the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006.

In concluding she made the following finding:

[93]  This compelling analysis of the necessity of the Human Rights and Equality jurisprudence articulates all I could have hoped to say albeit not so fluently to demonstrate that the law must protect all. It must protect the rights of the Defendents to have and to manifest their religious beliefs but it also recognises that the rights of the Plaintiff not to be discriminated because of his sexual orientation.

If the Plaintiff was a gay man who ran a bakery business and the Defendants as Christians wanted him to bake a cake with the words “support heterosexual marriage” the Plaintiff would be required to do so as, otherwise; he would, according to the law be discriminated against the Defendants. This is not a law which is for one belief only but is equal to and for all.

The Defendants are entitled to continue to hold their genuine and deeply held religious beliefs and to manifest them but, in accordance with the law, not to manifest them in the commercial sphere if it is contrary to the rights of others

Speaking of the decision Northern Ireland’s representative on the LGBT+ Liberal Democrats Executive Stephen Glenn said:

“This ruling shows the importance of the Human Rights Act and the equality legislation as it currently stands in striking a balance between the rights and responsibilities of conflicting opinions and beliefs. Something that our party has already stood up against the erosion of by the current Westminster government.

“It also champions the rights of LGBT+ individuals to be treated equally under the law as anyone else. We are not seeking to have special rights merely the same rights to go about perfectly legal activities without fear of someone denying us goods, facilities or services.

“While I hope this is the end of this particular matter, past experience is that Christian Institute backed cases of this type will be challenged to the nth degree through every level of appeal. I personally wish for the sake of Daniel McArthur and his family that this added pressure, scrutiny and attention is not allowed to continue and further hurt and heap pressure on them.

“The Northern Liberal Democrats also fear the reaction to this ruling by some of our politicians. The statement of the Judge that “this is not a law which is for one belief only but is equal to and for all” is something that I hope Northern Ireland politicians heed. There is no need for a conscience clause, indeed implementing one would eventually also open up the rights of people who oppose the views of people with genuine, deeply held faith to exercise their conscience.”

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Summary of the Ashers court case

Today ended the third day of the court case of Gareth Lee v Ashers Ltd. in Laganside Court Belfast. A good source of in court reporting was the Tweets of Belfast Telegraph Deborah McAleese. It is largely from there that we have pulled the following facts from the proceedings.

The facts of the purchase:

The first thing to note is that the order was placed at the Royal Avenue branch of Ashers six stores. For those who do not know Belfast this is the main shopping street in Belfast City Centre. The store is only slightly down the road on the other side of the street from Tesco and the Castle Court shopping centre is across the street on the other side. This location is also less than 5 minutes walk from the LGBT Centre on Waring Street where Queer Space who were ordering the cake and Gareth Lee was based, also Gareth had used them many times before, which ought to shut up conspiracy theorists.

The order was talked about with Karen McArthur, the mother of the general manager and herself a director of the company. She did not tell Mr Lee that there would be any issues with the cake but took full payment along with the order. There was no design work having to be done by Ashers as the artwork was provided with the order.

The cake was to have the name of the campaign organisation Queen Space and the message Support Gay Marriage. No mention of Ashers on the cake.

There was a leaflet displaying Ashers cake service which the members of the McArthur family admitted doesn’t mention any limitations to graphics that can be provided.

The evidence of Karen McArthur

She said she knew in her heart at the time she took the order that the company could not complete the order. She said that the reason she did not tell Mr Lee this at the time was because she didn’t want to embarrass him or cause a confrontation in the shop.

The reason Mrs McArthur knew she would be unable to complete the order was the message was contrary to her Christian belief. However, he also acknowledged that they leaflet also carried pictures of a Halloween cake with witches on it.

She also when asked, “Do you not think you should have immediately told Mr Lee (the order would not be fulfilled)?” she replied no.

The evidence of Daniel McArthur

The son and managing director, admitted that after the issue was brought to his attention he raised it with a elder in his church for his view. He also admitted that he had never really thought about the witch imagery being contrary to the same Christian belief, though said he was unaware of that image being on the leaflet as another member of staff had designed it. However, it was pointed out to him in court that the literature had been available for about 2 years.

He also said “We doing it in defiance of the law. Before God it’s not something we could do.” in relation to turning down the order.

The conclusions

The lawyer for Ashers said that this wasn’t a case of sexual discrimination and that a heterosexual ordering the same cake would be turned away. But the lawyer for Mr Lee said that with the word gay on the cake and the messaging it was clearly intended for a group that would involve gay people and supported them, even if the plaintiff wasn’t, therefore it was indirect discrimination.

The lawyer for Mr Lee also said that the reason given in public by the McArthurs for their refusal was based on their religious views. And therefore it was impinging his political and sexual orientation rights. It was also he argued breaching contract law as the payment was taken upon the full conditions being expressed.

The lawyer for the McArthurs argued that they shouldn’t have to put a message they felt unable to endorse unto a cake, but the lawyer for Mr Lee claimed that they weren’t being asked to endorse the message and nobody would ask if the bakery had done on seeing the cake. He finished with the fact that once a barrister enters into a contract to represent someone he doesn’t necessarily have to agree with gay marriage to defend a client over their views of it.

 

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