Tag Archives: Equality Commission

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.”

Advertisements

Leave a comment

Filed under Human Rights, law, Uncategorized

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.

 

2 Comments

Filed under Equal Marriage, equality, faith, Human Rights, law

New term, same old prejudice

The MLAs are back up on the hill but already the list of motions and proposed amendments makes for horrid reading for the LGBT community.

One of North Down’s DUP MLAs Peter Weir on the 1 September one that reads:

Equal Marriage

That this Assembly notes that numerous Motions have reaffirmed that no support exists for the introduction of equal marriage; and agrees that further consideration would be pointless during the remainder of this Assembly term.

In other words seeking to place an almost 2 year petition of concern on any further discussion on the issue until after the elections in May 2016. This would even therefore no doubt continue the DUP’s contempt of judicial process were a legal challenge be raised in Northern Irish courts about the inequality of equal marriages from the rest of the UK being only recognised a civil partnerships here, or the fact that LGBT people here do not have equal access to marriage as the remainder of the UK.

There is also one that is more innocently worded again from Mr Weir and his West Tyrone colleague Tom Buchanan:

Conscience Clause

That this Assembly notes the increasing number of cases across the UK in which the freedom of religion is afforded a lesser priority than other fundamental freedoms; acknowledges that this gradation of fundamental rights often leads to people of faith leaving their employment or being forced out of business; and calls on the Minister for Employment and Learning to bring forward legislation to introduce a conscience clause for people of faith to allow them to exercise religious freedom in the workplace.

This is the oh my god moment, pardon the pun. For a start freedom of religion is not afforded anything less than other freedoms, they are all treated equally. But the wording of this clause is to make freedom of religion superior to all others. Allowing people of faith the ability of exercise their religious freedom in the workplace means that small business owners could because of the loose wording of this proposal refuse to serve people whose lifestyle they disagree with. We all know that this will not necessarily affect unmarried heterosexuals in the same way that it will affect homosexuals. If two men or women walk in together some of those who cry out about their religious freedom are far more likely to turn them away than two people of opposite sex.

This is further backed up by another DUP motion in the name of Paul Girvan (Lagan valley) and Sammy Wilson (East Antrim) which names a specific high profile case of the above:

Reasonable Accommodation in Equality Legislation

That this Assembly notes with concern the action taken by the Equality Commission against Ashers Bakery; and calls for a review of equality legislation that will provide reasonable accommodation for the religious beliefs of service providers in the provision of goods, services and facilities.

The fact is that of course initially this business took and order then under discussion turned it down. The proximity of a bakery to the city centre must surely mean that they must get all manner of requests for custom cakes for organisations based in the city centre does Ashers have to agree with the aims of every one of them before taking an order? This is company who has claimed that they faith is paramount yet while their shops themselves are closed on a Sunday in respect of their faith their products are available in Garden Centres and shops that do open on a Sunday with their branding on them. But it is another call for a reasonable accommodation for religious beliefs again against only one other minority sector as laid out in Section 75.

Of course all of these have merely been laid before the business committee there is no date for when or even if they will come before the committee but there are three direct attacks on the LGBT community one clear it its intention that no matter what progress may be made elsewhere on equal marriage there is no way that the DUP is going to allow legislation to move on before 2016.

The other two are more thinly veiled but a reading between the lines of them shows what their intent is. The conscience clause was mentioned in light of the Ashers case and it was clear that the DUP spokespeople wanted to have religious freedom usurp equality irregardless of sexual orientation.

So there are three motions laid down by members of the DUP that aim to either place religion above the rights of LGBT people to be treated equally, and in one a way to stifle debate for 2 years on an issue that is fast changing across the USA and the world as we speak. The continuation of the DUP to institutionalise their homophobia through the niceties of Assembly procedure and their veiled attempt to bring in animal farm style all freedoms are equal but some are more equal than others is a horrifying read in this the 21st Century.

 

Leave a comment

Filed under Equal Marriage, equality, faith, homophobia, NI Assembly, Stormont

Worrying insight into prejudice in Northern Ireland

The Equalities Commission Northern Ireland’s report Do You Mean Me? published today has some startling findings of hardening of negative attitudes here in Northern Ireland, whether that be race, disability or sexual orientation over the last 6 years.

Taken from Equality Commission Northern Ireland report   Do You Mean Me? (2012)

The key headline figures for the LGBT community make scarey reading.

The report found that 27% would mind a gay, lesbian or bisexual person living next door, compared to 14% in 2005, while 42% unhappy about them becoming an in-law, a rise of 13 percentage points over the last six years.

Around a third of people (35%) would mind a transgender person as a work colleague, rising to 40% as a neighbour and 53% as an in-law. This is the first time a major survey in Northern Ireland has considered attitudes towards transgender persons.

Comparing the transgender hostility to the traveling community, where the worst racial negativity was directed, which saw 27% mind having someone from that community as a work colleague 54% as a neighbour and 55% as an in-law, means that Trans are one of the most negatively perceived groups in Northern Ireland, while the Lesbian, gay and bisexuals score worse than migrant workers in all areas except the work place.

You can see that the perception of people from different religion once the be all and end all of Northern Ireland prejudice is down at the bottom along with learning or physical disability there is room for a lot more work on creating a safe shared future for other groups. The emphasis on sectarianism based on religion has it seems had a result, but the other equality groups have been left behind.

We need an attitude change from our political leaders, many of whom are scathing about LGBT people. This has rubbed off on the rest of Northern Ireland society it is not good enough for those at the forefront of public life to keep ignoring these feelings of unease. As the commissions chief executive Michael Wardlow says:

“This is a worrying insight into the population’s psyche and proves that much work remains to be done to break down barriers in our mindsets to create a fairer and more equal society for everyone in Northern Ireland.”

1 Comment

Filed under equality, homophobia, transphobia