Gay rights activist sees cake discrimination case thrown out by European appeal court

Northern Ireland gay rights activist Gareth Lee paid for a cake with the slogan “Support Gay Marriage” but Ashers bakery refused to make it as the message went against their Christian beliefs

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European Court of Human Rights give ruling on ‘gay cake’ case

A man who was told by a bakery it couldn’t make him a “Support Gay Marriage” cake has seen his discrimination case thrown out by an appeal court.

The European Court of Human Rights (ECHR) in Strasbourg has ruled against the Northern Ireland gay rights activist Gareth Lee, describing his application as “inadmissible”, a statement released this morning says.

It added that Mr Lee had failed to “exhaust domestic remedies” in his case.

In 2018, the UK Supreme Court ruled that Mr Lee was not discriminated against when Ashers bakery in Belfast refused to make him a cake with the slogan supporting gay marriage.

Mr Lee then referred the case to the ECHR, claiming that the Supreme Court failed to give appropriate weight to him under the European Convention of Human Rights.

Gay rights activist Gareth Lee



The Court’s statement read: “The Court reiterated that in order for a complaint to be admissible, the Convention arguments must be raised explicitly or in substance before the domestic authorities.

“The applicant had not invoked his Convention rights at any point in the domestic proceedings.

“By relying solely on domestic law, the applicant had deprived the domestic courts of the opportunity to address any Convention issues raised, instead, asking the Court to usurp the role of the domestic courts.

“Because he had failed to exhaust domestic remedies, the application was inadmissible.”

Daniel and Amy McArthur of Ashers Baking Company



Mr Lee had claimed his rights were interfered with by the decision of the UK’s highest court to dismiss his claim for breach of statutory duty to provide services and the interference was not proportionate.

The high-profile controversy first flared when Mr Lee, a member of the LGBT advocacy group QueerSpace, ordered a £36.50 cake in May 2014 featuring Sesame Street puppets Bert and Ernie for a private function marking International Day Against Homophobia from Ashers bakery in Belfast.

His order was accepted and he paid in full, but, two days later, the Christian owners of the company called to say it could not proceed due to the message requested.

Mr Lee then launched the legal case, supported by Northern Ireland’s Equality Commission, alleging discrimination on the grounds of his sexuality.

He won hearings at the county court and the Northern Ireland Court of Appeal in 2015 and 2016.

Office workers and shoppers stand in line at Ashers Bakery



But the owners of Ashers, Daniel and Amy McArthur, backed by the Christian Institute, challenged those rulings at the Supreme Court, and in 2018 five justices unanimously ruled that they had not discriminated against the customer.

The court’s then-president, Lady Hale, said the McArthur family hold the religious belief that “the only form of marriage consistent with the Bible and acceptable to God is between a man and a woman”.

She said: “As to Mr Lee’s claim based on sexual discrimination, the bakers did not refuse to fulfil his order because of his sexual orientation.

“They would have refused to make such a cake for any customer, irrespective of their sexual orientation.

“Their objection was to the message on the cake, not to the personal characteristics of Mr Lee or of anyone else with whom he was associated.”

Mr Lee said at the time that the refusal to make the cake made him feel like a “second-class citizen”.

The McArthurs said they did not turn down this order because of the person who made it, but because of the message requested on the cake.

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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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