Free speech poser

THE decision of the court of appeal in Belfast in the case of Ashers bakery cannot be welcomed by anyone who cares about free speech. Briefly, a gay couple asked a Christian bakery to make them a cake showing Bert and Ernie from Sesame Street with a message praising equal marriage. The bakery refused, saying the message was contrary to the clear teaching of the Bible.

The couple sued, claiming they had been discriminated against on the grounds of their sexual orientation. The bakers, in turn, felt discriminated against for their religious beliefs.

If the case is understood as one that sets religious rights against sexual orientation, then the decision against the bakers is understandable. Although it is invidious to have to choose between religious and sexual identity, the law should, when in doubt, protect sexual minorities over religious ones.

But that is not the only way in which this question can be examined. We may well think that Ashers bakery are bigots or fundamentalists, but the other principle at issue is one of free speech.

The law against discrimination says that they may not refuse service to anyone because of their sexual orientation. That’s entirely right. It is further arguable that they should not be able to discriminate against anyone because of their political views.

But what is at stake here is also a principle of free speech. They were being asked to make a statement in favour of gay marriage with which they profoundly disagreed.

What makes this case importantly different is that it involved an attempt to compel someone to express – even in sugar paste – an opinion they rejected with all their hearts. That’s wrong – even when the opinion is right.