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'Gay cake' row: equality legislation cannot have any exceptions, court told 'Gay cake' row: equality law cannot have any exceptions, court told
(about 1 hour later)
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.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.
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.” A barrister for a man alleging that the Evangelical Christian-owned County Antrim baker yAshers is guilty of anti-gay discrimination told Belfast high court: “The rule of law says there shall be no discrimination in the commercial sphere.”
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. Robin Allen QC is representing Gareth Lee, who tried to order a gay-themed cake which had the Sesame Street characters Bert and Ernie alongside a pro-gay marriage message. Ashers said it would not bake the cake on religious grounds, specifically because of their objection to gay marriage.
Ashers said they would not bake the cake on religious grounds specifically due to their objection to gay marriage. Allen told the court on Thursday that “large businesses like Ashers… cannot be allowed to break contracts with individuals. If that’s allowed, the rule of law is worth nothing.”
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. He claimed that a director from the firm had accepted the order from his client but the request was then rejected.
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. Lee’s action against the bakery is supported by the Equality Commission of Northern Ireland which, under the 2006 Equality Act, is obliged to investigate claims of discrimination in the region.
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”. Allen said 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.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.” He said the court battle was a David vs 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. Speaking outside court 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 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 entering the packed courthouse, McArthur said he had been humbled by the support from fellow Christians and placed his faith in God over the case.
Before the court hearing Muir, made an 11th-hour appeal for negotiation between the two parties to halt court action. Prior to the hearing, Muir had made an 11th-hour appeal for the two parties to talk.
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.” The Alliance party councillor from North Down, who is not a party in the case, called for compromise: “Unfortunately it has 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. “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.”