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'Gay cake' row: equality law cannot have any exceptions, court told ‘Gay cake’ row: equality law cannot have any exceptions, court told
(about 2 hours later)
A bakery customer has told Belfast high court that he was left feeling like a “lesser person” after the business refused to make him a gay-themed cake, featuring the Sesame Street characters Bert and Ernie. A bakery customer has told Belfast high court that he was left feeling like a “lesser person” after the business refused to make him a gay-themed cake featuring the Sesame Street characters Bert and Ernie.
The Christian-owned Ashers bakery cancelled the request for the cake from Gareth Lee 48 hours after his original order. The design for the cake also included a support-gay-marriage message in icing and a QueerSpace logo.The Christian-owned Ashers bakery cancelled the request for the cake from Gareth Lee 48 hours after his original order. The design for the cake also included a support-gay-marriage message in icing and a QueerSpace logo.
Gay rights activist Lee told the court in Belfast he had been shocked by the refusal. “I expressed disbelief. I couldn’t believe it was happening. This is Northern Ireland. This shouldn’t happen,” he said. Lee, a gay rights activist, told the court he had been shocked by the refusal. “I expressed disbelief. I couldn’t believe it was happening. This is Northern Ireland. This shouldn’t happen,” he said.
He added that the bakery had made him feel like he “wasn’t worthy of service because they were Christian”.He added that the bakery had made him feel like he “wasn’t worthy of service because they were Christian”.
The business stands accused of discrimination under the Equality Act (Sexual Orientation) Regulations (NI) 2006 and the Fair Employment and Treatment Order (NI) 1998.The business stands accused of discrimination under the Equality Act (Sexual Orientation) Regulations (NI) 2006 and the Fair Employment and Treatment Order (NI) 1998.
The Equality Commission is funding Lee’s case by up to £30,000.The Equality Commission is funding Lee’s case by up to £30,000.
Lee had asked for the cake to mark the election of the first openly LGBT mayor in Northern Ireland last year – Andrew Muir, an Alliance councillor for Northdown. Lee had asked for the cake to mark the election last year of the first openly LGBT mayor in Northern Ireland – Andrew Muir, an Alliance councillor for Northdown.
On day one of the hearing, Robin Allen QC, Lee’s barrister, told the court that Lee had been a regular customer at Ashers and rang the bakery to order the cake after seeing an advertising leaflet in the city centre shop.On day one of the hearing, Robin Allen QC, Lee’s barrister, told the court that Lee had been a regular customer at Ashers and rang the bakery to order the cake after seeing an advertising leaflet in the city centre shop.
The lawyer said there had been no issue over the cake when Lee called the bakery’s director. A few days later, Lee was told there was a “problem” with the cake, Allen said, adding that there was no information on the leaflet as to what was acceptable or unacceptable in terms of a theme for a cake baked by Ashers. The lawyer said there had been no issue when Lee called the bakery’s director. A few days later, Lee was told there was a problem with the cake, Allen said, adding that there was no information on the leaflet as to what was acceptable or unacceptable in terms of a theme for a cake baked by Ashers.
Referring to the original order, he added: “You would think that if there were religious scruples, the director of the company might know.”Referring to the original order, he added: “You would think that if there were religious scruples, the director of the company might know.”
Earlier, Allen pointed out that equality legislation aimed at preventing discrimination on grounds of sexuality, religion, race, age or gender in Northern Ireland cannot have any exceptions.Earlier, Allen pointed out that equality legislation aimed at preventing discrimination on grounds of sexuality, religion, race, age or gender in Northern Ireland cannot have any exceptions.
He told the court the rule of law said there should “be no discrimination in the commercial sphere”.He told the court the rule of law said there should “be no discrimination in the commercial sphere”.
Ashers said it would not bake the cake on religious grounds, specifically becayse if ab objection to gay marriage. Ashers said it would not bake the cake on religious grounds, specifically because of an objection to gay marriage.
But Allen told the court that large businesses such as Ashers could not be allowed to break contracts with individuals.But Allen told the court that large businesses such as Ashers could not be allowed to break contracts with individuals.
“If that’s allowed the rule of law is worth nothing,” he said, adding, that under the 2006 Act, even religious bodies, if they ventured into commercial practice, could not discriminate. “If that’s allowed the rule of law is worth nothing,” he said, adding that, under the 2006 Act, even religious bodies could not discriminate if they ventured into commercial practice.
Lee’s lawyer said 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 one million pounds”. Lee’s lawyer said the court battle was a David versus Goliath struggle but in this case the “David” was his client, pitched against Ashers, which had “net assets of over £1m”.
Speaking outside court on Thursday, before the hearing, 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. Speaking outside court on Thursday, before the hearing, Daniel McArthur, of Ashers, said his company was “just trying to be faithful to the Bible” by refusing to bake the gay-themed cake.
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.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.
“We don’t know what the outcome of the case will be but we do know that God is faithful and we place our trust in him,” McArthur said.“We don’t know what the outcome of the case will be but we do know that God is faithful and we place our trust in him,” McArthur said.
The case is expected to continue in the high court until Friday afternoon.The case is expected to continue in the high court until Friday afternoon.