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'Gay cake' row: bakery owner says he wishes the case had never gone to court 'Gay cake' row: equality legislation cannot have any exceptions, court told
(about 3 hours later)
The general manager of a born-again Christian-owned bakery in Northern Ireland at the centre of a “gay cake” controversy has said he wishes the case had never gone to court. Equality legislation aimed at preventing discrimination on grounds of sexuality, religion, race, age or gender cannot have any exceptions, the court case concerning the “gay cake” controversy in Northern Ireland has heard.
Speaking outside Belfast high court on Thursday, Daniel McArthur of Ashers Bakery said his company was “just trying to be faithful to the Bible” over its refusal to bake a gay-themed cake for Northern Ireland’s first openly gay elected mayor. A barrister for a man alleging the Evangelical Christian-owned County Antrim bakers Ashers is guilty of anti-gay discrimination told Belfast high court: “The rule of law says there shall be no discrimination in the commercial sphere.”
The bakery is in court on Thursday over a complaint to the Equality Commission for Northern Ireland from an individual who said the bakery’s refusal was tantamount to anti-gay discrimination. Robin Allen QC is representing Gareth Lee, who tried to order a gay-themed cake with Sesame Street characters Bert and Ernie alongside a pro-gay marriage message.
“We just didn’t want to be forced to use our creative skills to help endorse and promote a campaign message that went against our sincerely held religious beliefs,” McArthur said. Ashers said they would not bake the cake on religious grounds specifically due to their objection to gay marriage.
Before going into court, McArthur added: “We think it is wrong to use the law to force anyone to say something that they oppose, and we hope the court will take the same view.” Allen said that “large businesses like Ashers....cannot be allowed to break contracts with individuals. If that’s allowed the rule of law is worth nothing.” He claimed that initially a director from the firm had accepted the order from his client before the request was finally rejected.
Before the court hearing the mayor for whom the cake was to be baked, Councillor Andrew Muir, made an 11th hour appeal for negotiation between the two parties to halt court action. Lee’s action against the bakery is supported by the Equality Commission of Northern Ireland, which under the 2006 Equality Act are obliged to investigate claims of discrimination in the region.
The Alliance party councillor from North Down, not a party in the case, appealed for compromise: “Unfortunately it’s pitched people of religious belief against lesbian and gay people and I think that’s very sad. It’s not the type of society that I want in Northern Ireland where we have that adversarial set-up.” His barrister said that the 2006 Act “does not provide exception for scruples”. The lawyer pointed out that under the law even religious bodies “if they venture into the commercial practices, they cannot discriminate”.
In a society “where sectarianism has been rife” the one thing that can glue people together is that they can do business with each other, Allen added.
Lee said that the court battle was a David versus Goliath struggle but in this case the “David” was in fact his client pitched against Ashers, which had “net assets of over £1m.”
Speaking outside Belfast high court on Thursday just before the hearing began, Daniel McArthur of Ashers Bakery said his company was “just trying to be faithful to the Bible” over refusing to bake the gay-themed cake for Northern Ireland’s first openly gay elected mayor, Andrew Muir.
Before going into a packed courthouse McArthur said he had been humbled by the support from fellow Christians and placed his faith in God as the case was about to begin.
Before the court hearing Muir, made an 11th-hour appeal for negotiation between the two parties to halt court action.
The Alliance party councillor from North Down, not a party in the case, appealed for compromise: “Unfortunately it’s pitched people of religious belief against lesbian and gay people and I think that’s very sad. It’s not the type of society that I want in Northern Ireland where we have that adversarial setup.”
He added: “There should always have been mediation in relation to this matter and if there’s an opportunity for mediation today and tomorrow, let’s go for that.He added: “There should always have been mediation in relation to this matter and if there’s an opportunity for mediation today and tomorrow, let’s go for that.
“Let’s try to resolve this outside the court because legal action should always be the last resort.”“Let’s try to resolve this outside the court because legal action should always be the last resort.”
Ashers had been asked to bake a cake with a pro-gay marriage message and images of Sesame Street characters Bert and Ernie.