A bakery in Northern Ireland won an appeal in a discrimination case, locally nicknamed the ‘gay cake’ case, when the UK Supreme Court ruled on Oct. 10 that the bakers were within their rights—as protected by the law—to refuse a cake order that carried a message supportive of gay marriage. The bakers were Christian.
The court’s panel of five justices unanimously ruled that the bakery’s decision to refuse making a cake that featured the words “Support Gay Marriage” was not based on sexual discrimination.
“It is deeply humiliating, and an affront to human dignity, to deny someone a service because of that person’s race, gender, disability, sexual orientation or any of the other protected personal characteristics.
Unanimous Decision
The legal dispute began in 2014 when Gareth Lee, a gay rights activist, placed an order at Ashers Baking Co. in Belfast for the cake with the pro-gay marriage message and pictures of Bert and Ernie from Sesame Street.The family-run bakery initially accepted the order, wanting to save the client any embarrassment despite knowing their objection to the cake’s message. Ashers later decided it had to refuse the order and refunded Lee. Lee subsequently sued the bakery for sexual discrimination—his action backed by the Equality Commission for Northern Ireland.
In May 2015, the Belfast County Court ruled that Lee had been discriminated against based on his sexual orientation. The bakery had to pay Lee damages of £500 ($660), and subsequently lost an appeal to the Court of Appeals in October 2016.
Ashers said they refused the order because of the message on the cake—which was not aligned with the company’s views—and not because of Lee’s sexual orientation. The company added that they would have refused the same order from a heterosexual client.
The UK Supreme Court ruled on Oct. 10 that freedom of expression—guaranteed by Article 10 of the European Convention on Human Rights—includes the right “not to express an opinion which one does not hold.”
Bakery general manager Daniel McArthur said he was delighted and relieved by the ruling.
Lee said he was concerned about what the ruling might mean for the gay community.
“This was never about conscience or a statement,” he said, referring to the shop’s refusal to make the cake “in conscience.”
Expensive Cake
A cake was eventually ordered and made at another bakery.Ian Paisley Jr. MP of the Democratic Unionist Party said he has called for a review of the Equality Commission’s funding.