Christian Bakery Challenges Gay Discrimination Ruling

In a case that shows how the personal beliefs of business proprietors can sometimes be accused of encroaching upon customer rights, a court has heard an appeal by bakery owners who refute an earlier court ruling that they discriminated against a customer’s sexuality.

Gareth Lee, a gay rights activist, requested a custom-made cake bearing the slogan ‘Support Gay Marriage’ alongside an image of Sesame Street characters Bert and Ernie, but was denied the transaction due to the Christian beliefs of the shop owners. The cake was intended for a private function in celebration of International Day Against Homophobia.

Mr Lee, who is a member of the gay charity Queer Space, was refused the opportunity of ordering such a cake in 2014 by Ashers Bakery based in Northern Ireland. He subsequently took the business to court on grounds that they had violated his human rights by discriminating against his sexual orientation. He won this case in 2015 and was rewarded with £500 damages from the MacArthur family who run Ashers.

Even when the ruling was made some legal observers felt the MacArthurs could have expressed their right of religious freedom and how they were merely standing by Christian teachings on homosexuality, even though their business does not present an outwardly Christian aesthetic.

Ashers are appealing the earlier ruling on grounds that their actions do not constitute discrimination because the refusal to make the cake was not made directly as a result of Mr Lee’s personal sexuality and that he had been gladly served by the business on previous occasions, although it is not known whether the bakery were aware of Mr Lee’s sexuality prior to him ordering the cake.

Ashers also claim their refusal stems from issues relating to the general message Mr Lee requested for the cake, and that no legal obligation exists by which they are required to provide a product containing a message of this kind anyway.

The MacArthur family also dispute the ruling by arguing that their decision does not qualify as personal discrimination because a heterosexual man attempting to purchase the cake would also have been refused. However, as the law only covers harm inflicted upon an individual, Ashers intention not to provide a cake of this kind to any customer rather than only to a homosexual man like Mr Lee was not considered by the court.

The three judges presiding over the case will present their ruling at a currently unscheduled date.