This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/world/2015/may/20/belfast-gay-cake-ruling-the-law-may-be-clear-but-was-it-wise-to-prosecute

The article has changed 3 times. There is an RSS feed of changes available.

Version 0 Version 1
Belfast gay cake ruling: the law may be clear, but was it wise to prosecute? Belfast gay cake ruling: the law may be clear, but was it wise to prosecute?
(about 1 hour later)
Sections of the Tory press got predictably excited on Wednesday about a Belfast judge’s ruling that a local bakery firm run by staunch Christians had been guilty of discrimination for refusing to bake a cake with Sesame St puppet decorations proclaiming the virtues of gay marriage. Sections of the Tory press got predictably excited on Wednesday about a Belfast judge’s ruling that a local bakery firm run by staunch Christians had been guilty of discrimination for refusing to bake a cake with Sesame Street puppet decorations proclaiming the virtues of gay marriage.
Related: The ‘gay cake’ ruling is a victory for equality in Northern Ireland | Joshua RozenbergRelated: The ‘gay cake’ ruling is a victory for equality in Northern Ireland | Joshua Rozenberg
So the law is clear, but were the plantiffs wise? I’m not sure. So the law is clear, but were the plaintiffs wise? I’m not sure.
In a 90-minute hearing on Tuesday Judge Isobel Brownlie decided the Equality Commission for Northern Ireland was right in bringing the case on behalf of Gareth Lee, described as a gay activist, who had tried to buy the cake from Belfast-based Ashers Baking Company. The firm must pay a token £500 in compensation, plus costs which will be larger.In a 90-minute hearing on Tuesday Judge Isobel Brownlie decided the Equality Commission for Northern Ireland was right in bringing the case on behalf of Gareth Lee, described as a gay activist, who had tried to buy the cake from Belfast-based Ashers Baking Company. The firm must pay a token £500 in compensation, plus costs which will be larger.
The commission’s head, Michael Wardlow, argues that people who take part in commercial activity must do so within the framework of the law which outlaws this kind of discrimination. Fair enough, and Northern Ireland is a corner of the kingdom which has seen more than its share of ugly discrimination down the decades.The commission’s head, Michael Wardlow, argues that people who take part in commercial activity must do so within the framework of the law which outlaws this kind of discrimination. Fair enough, and Northern Ireland is a corner of the kingdom which has seen more than its share of ugly discrimination down the decades.
As Joshua Rozenberg explains, the law is clear. When conflicting ethical values collide - in this case the hard-fought battle of gays to overcome persecution and achieve equal rights versus the embattled beliefs of Christians in a largely secular country - the law as stated must prevail.As Joshua Rozenberg explains, the law is clear. When conflicting ethical values collide - in this case the hard-fought battle of gays to overcome persecution and achieve equal rights versus the embattled beliefs of Christians in a largely secular country - the law as stated must prevail.
As the Daily Mail loves to point out, there have been several such cases. A Cornish couple running a small hotel had a ruling (it went all the way to the supreme court) against them after refusing a double room to a gay couple on the grounds that they were not married. In vain did they plead that they’d have done the same to unmarried heterosexuals on religious grounds. While the marriage guidance charity Relate was upheld in sacking a staffer who would not counsel gay couples.As the Daily Mail loves to point out, there have been several such cases. A Cornish couple running a small hotel had a ruling (it went all the way to the supreme court) against them after refusing a double room to a gay couple on the grounds that they were not married. In vain did they plead that they’d have done the same to unmarried heterosexuals on religious grounds. While the marriage guidance charity Relate was upheld in sacking a staffer who would not counsel gay couples.
Each case is different, but we get their drift. My question is twofold. It may be legal, but is it wise? And is it fair of those who so recently suffered majoritarian persecution themselves to use the muscle they now enjoy to discomfort others when they can get their cakes baked or their hotel booked elsewhere?Each case is different, but we get their drift. My question is twofold. It may be legal, but is it wise? And is it fair of those who so recently suffered majoritarian persecution themselves to use the muscle they now enjoy to discomfort others when they can get their cakes baked or their hotel booked elsewhere?
I don’t claim to be sure about this. I was sceptical – so were some gay people we all know – about the wisdom of the coalition’s symbolic legislation in favour of full gay marriage despite earlier promises that Labour’s civil partnership reform would suffice. It seemed needlessly divisive at a point in time when the fiddly consequences of legal discrimination - wills, property, that sort of thing - had finally been eradicated in most of Britain.I don’t claim to be sure about this. I was sceptical – so were some gay people we all know – about the wisdom of the coalition’s symbolic legislation in favour of full gay marriage despite earlier promises that Labour’s civil partnership reform would suffice. It seemed needlessly divisive at a point in time when the fiddly consequences of legal discrimination - wills, property, that sort of thing - had finally been eradicated in most of Britain.
I should add that same sex marriage is not yet legal in Northern Ireland or indeed across the border in the Republic, where a lot of catching up has taken place in the past 20 years. Hardliners on both sides of the sectarian divide often seem united in opposing social reform. Abortion remains a hot issue in all 32 counties. Beware stiff necked self-righteousness.I should add that same sex marriage is not yet legal in Northern Ireland or indeed across the border in the Republic, where a lot of catching up has taken place in the past 20 years. Hardliners on both sides of the sectarian divide often seem united in opposing social reform. Abortion remains a hot issue in all 32 counties. Beware stiff necked self-righteousness.
Since the coalition’s marriage reform (so much cheaper than Dave’s marriage tax break) it has been touching to see and hear about the pleasure it has given thousands of gay couples to make their public affirmation of commitment, complete with all the OTT trimmings that accompany modern marriage. Poignant too, since statistics suggest the value of marriage has declined among heterosexuals.Since the coalition’s marriage reform (so much cheaper than Dave’s marriage tax break) it has been touching to see and hear about the pleasure it has given thousands of gay couples to make their public affirmation of commitment, complete with all the OTT trimmings that accompany modern marriage. Poignant too, since statistics suggest the value of marriage has declined among heterosexuals.
But was it wise to press home an advantage against what is still a substantial minority – including all the great faiths and many of their activists – who opposed the move? Whatever else they are, our current political leaders are not profound thinkers. They can just about raise their sights to the next election, but rarely think long term. Public opinion is volatile, its mood changes. Just look at the changing frontiers of the abortion debate.But was it wise to press home an advantage against what is still a substantial minority – including all the great faiths and many of their activists – who opposed the move? Whatever else they are, our current political leaders are not profound thinkers. They can just about raise their sights to the next election, but rarely think long term. Public opinion is volatile, its mood changes. Just look at the changing frontiers of the abortion debate.
Lilly-livered stuff, you may say. Rights have to be policed and enforced. Abortion law proves that. Well, yes. But society’s institutions behave much like individuals, they pick and choose the rigour with which they enforce.Lilly-livered stuff, you may say. Rights have to be policed and enforced. Abortion law proves that. Well, yes. But society’s institutions behave much like individuals, they pick and choose the rigour with which they enforce.
Some police chiefs are keen on cracking down on speeding or drink driving, others it seems less so. Magistrates and judges follow fashions too. Regulators the world over fine banks (ie punish shareholders who did nothing wrong), but almost never jail the crooked traders who did the damage. Multiculturalism sensibilities are sometimes invoked (rightly so on occasion) to stay authority’s hand. Not paying your TV licence is not a crime to the Murdoch press, though it disapproves of bilking your Sky TV subscription.Some police chiefs are keen on cracking down on speeding or drink driving, others it seems less so. Magistrates and judges follow fashions too. Regulators the world over fine banks (ie punish shareholders who did nothing wrong), but almost never jail the crooked traders who did the damage. Multiculturalism sensibilities are sometimes invoked (rightly so on occasion) to stay authority’s hand. Not paying your TV licence is not a crime to the Murdoch press, though it disapproves of bilking your Sky TV subscription.
In any case the Belfast bakery was not pursued by the police or Crown Prosecution Service, but by the state-funded agency tasked with anti-discrimination enforcement, at the instigation of the QueenSpace campaign. It says it didn’t realise that Asher was a Biblical name (the Ashers were Old Testament bakers) and the six-branch firm run by devout Christians. It wasn’t looking for trouble, honest.In any case the Belfast bakery was not pursued by the police or Crown Prosecution Service, but by the state-funded agency tasked with anti-discrimination enforcement, at the instigation of the QueenSpace campaign. It says it didn’t realise that Asher was a Biblical name (the Ashers were Old Testament bakers) and the six-branch firm run by devout Christians. It wasn’t looking for trouble, honest.
To my mind a lot of these issues are about giving other people space in which to live their lives as they see fit in a plural and tolerant society. The Belfast bakery staff weren’t demonstrating or issuing threats – as the anti-abortion crowd so often do. They fell foul of the law by accident and the law has left them aggrieved.To my mind a lot of these issues are about giving other people space in which to live their lives as they see fit in a plural and tolerant society. The Belfast bakery staff weren’t demonstrating or issuing threats – as the anti-abortion crowd so often do. They fell foul of the law by accident and the law has left them aggrieved.
We talk about tolerance but we sometimes don’t include tolerance of attitudes, behaviour and people we don’t like. They’ve learned that the hard way in Northern Ireland. But I’m always amazed how indignantly secular western liberals can berate more tradition-bound societies beyond Europe (American attitudes are different, suffused with a fundamentalist strain) for clinging to attitudes which were orthodox in France, Britain, Germany and Co well within living memory.We talk about tolerance but we sometimes don’t include tolerance of attitudes, behaviour and people we don’t like. They’ve learned that the hard way in Northern Ireland. But I’m always amazed how indignantly secular western liberals can berate more tradition-bound societies beyond Europe (American attitudes are different, suffused with a fundamentalist strain) for clinging to attitudes which were orthodox in France, Britain, Germany and Co well within living memory.
Abortion? Capital punishment? Gay sex? Strict dress codes? Religious adherence? Above all, the treatment of women, who constitute one half of humanity? Good old New Zealand gave women the vote in 1893, we completed the task only in 1918-29, France in 1944. Switzerland’s courts finally confirmed the female vote in federal elections only in 1971, six years before the French state stopped chopping peoples heads off Saudi- and-Isis-style in 1977. That was almost 200 years after the revolutionary declaration of the rights of man - from which women were excluded despite protest. Of course.Abortion? Capital punishment? Gay sex? Strict dress codes? Religious adherence? Above all, the treatment of women, who constitute one half of humanity? Good old New Zealand gave women the vote in 1893, we completed the task only in 1918-29, France in 1944. Switzerland’s courts finally confirmed the female vote in federal elections only in 1971, six years before the French state stopped chopping peoples heads off Saudi- and-Isis-style in 1977. That was almost 200 years after the revolutionary declaration of the rights of man - from which women were excluded despite protest. Of course.
Beware self-righteous intolerance, wherever quarter it comes from.Beware self-righteous intolerance, wherever quarter it comes from.