ASHERS CAKE CASE DON’T EXPECT RULING ANY TIME SOON, SAYS SUPREME COURT
CHRISTIAN bakers who refused to make a cake with a pro-gay marriage slogan should not be compelled to go against their religious beliefs, Northern Ireland’s top law officer told the Supreme Court yesterday.
Attorney General John Larkin QC argued that a customer had no legal right to force the McArthur family into providing a message which clashed with their faith.
The McArthurs, who run Ashers Baking Company, declined an order placed by Gareth Lee at its Belfast city centre shop in May 2014.
They are now seeking to overturn findings that it amounted to direct discrimination due to his sexuality.
Supporting the family’s case at the court’s first-ever sitting in Northern Ireland, Mr Larkin claimed they have wrongly been held to be the “authors of their own misfortune”.
He acknowledged any attempt to deny a service to a customer on the grounds of his sexual orientation would be “reprehensible”.
But he contended: “Mr Lee doesn’t have the right to compel Ashers to express a message, to deliver content, which is inconsistent with their religious beliefs or political opinions.
“Nothing in Northern Ireland constitutional law puts someone (like) the McArthurs in a position where they must choose between either being the conduit or courier of a message to which they object... or exposing themselves to civil litigation.”
Mr Lee, a gay rights activist, had requested a cake depicting Sesame Street characters Bert and Ernie and the slogan ‘Support Gay Marriage’ for an event to mark International Day Against Homophobia. Bosses at the bakery refunded his money for the £36.50 order because the message went against their Christian faith.
Mr Lee sued, claiming he was left feeling like a lesser person. In 2015 Belfast County Court held that the bakery had unlawfully discriminated against him on grounds of sexual orientation and religious belief or political opinion.
The firm was also ordered to pay £500 compensation to Mr Lee, whose legal action was backed by the Equality Commission for Northern Ireland.
With the verdict upheld at the Court of Appeal in October 2016, the McArthurs have taken their fight to the Supreme Court, the UK’s highest court.
Addressing day two of the hearing at the Royal Courts of Justice in Belfast, the Attorney General stressed the McArthurs’ problem was not with the word ‘gay’ by itself.
They were only too happy to supply Mr Lee, he told the five justices.
Mr Larkin added: “The objection was only, and narrowly only, to the message on the cake.”
Responding for Mr Lee and the Equality Commission, Robin Allen QC argued that prohibiting discrimination around the provision of goods and services is difficult to police — especially in a divided society.
He continued: “From Mr Lee’s perspective what was a relatively small incident in his life has become enormously significant.
“He’s been the subject of press interest since 2014 — that’s a heavy burden for an individual.”
With Ashers and the Commission estimated to have spent £200,000 and £150,000 respectively on legal fees to date, Mr Allen also submitted: “Nobody could litigate this case as an individual unless they were a multi-millionaire.”
Judgment was reserved following closing submissions.
Supreme Court President Lady Hale said: “We have been very heartened by the interest in our work and we shall now adjourn to consider the judgment in the case we have just heard.
“People of course will not expect the answer any time soon.
“These cases are, by definition, complex and difficult, and there are five people who have to make up their minds.
“That in itself takes more time than simply a jury verdict at the end of a long trial.”