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Ashers gay cake appeal decision due next week

By Cate McCurry

Published 20/10/2016

Pacemaker Press 26/3/2015
Daniel McArthur (General manager at Ashers Bakery) arrives at Laganside Court in Belfast with his wife Amy on thursday, Ashers face a discrimination case supported by the Equality Commission, after a dispute began when the Christian-run bakery refused a request to make a cake with a pro-gay marriage slogan.
Pic Colm Lenaghan/Pacemaker
Pacemaker Press 26/3/2015 Daniel McArthur (General manager at Ashers Bakery) arrives at Laganside Court in Belfast with his wife Amy on thursday, Ashers face a discrimination case supported by the Equality Commission, after a dispute began when the Christian-run bakery refused a request to make a cake with a pro-gay marriage slogan. Pic Colm Lenaghan/Pacemaker
Press Eye Belfast - Northern Ireland 24th October Asher's Bakery loose appeal on the judgement over them not wanting to bake a 'gay cake'. Two years ago, the family-run firm refused to make a cake for gay rights activist Gareth Lee with the slogan "Support Gay Marriage" leading to a judge ruling the Christian owners of Ashers had discriminated against him. Daniel McArthur of Ashers with his wife Amy and parents pictured leaving the High Court in Belfast after the judgement was given. Picture by Jonathan Porter/Press Eye
Daniel and Amy McArthur of Ashers Baking Company speak to the media at Belfast High Court, as judgment is due to be delivered on an appeal brought by the Christian bakers who were found to have discriminated against gay man Gareth Lee. Photo: Niall Carson/PA Wire
Press Eye Belfast - Northern Ireland 24th October Asher's Bakery loose appeal on the judgement over them not wanting to bake a 'gay cake'. Two years ago, the family-run firm refused to make a cake for gay rights activist Gareth Lee with the slogan "Support Gay Marriage" leading to a judge ruling the Christian owners of Ashers had discriminated against him. Gareth Lee(left) and Dr. Michael Wardlow, chief executive of the Northern Ireland Equality Commission pictured leaving the High Court in Belfast after the judgement was given. Picture by Jonathan Porter/Press Eye
Press Eye Belfast - Northern Ireland 24th October Asher's Bakery loose appeal on the judgement over them not wanting to bake a 'gay cake'. Two years ago, the family-run firm refused to make a cake for gay rights activist Gareth Lee with the slogan "Support Gay Marriage" leading to a judge ruling the Christian owners of Ashers had discriminated against him. Gareth Lee(left) and Dr. Michael Wardlow, chief executive of the Northern Ireland Equality Commission pictured leaving the High Court in Belfast after the judgement was given. Picture by Jonathan Porter/Press Eye
Press Eye Belfast - Northern Ireland 24th October Asher's Bakery loose appeal on the judgement over them not wanting to bake a 'gay cake'. Two years ago, the family-run firm refused to make a cake for gay rights activist Gareth Lee with the slogan "Support Gay Marriage" leading to a judge ruling the Christian owners of Ashers had discriminated against him. Daniel McArthur of Ashers and his wife Amy pictured leaving the High Court in Belfast after the judgement was given. Picture by Jonathan Porter/Press Eye
Press Eye Belfast - Northern Ireland 24th October Asher's Bakery loose appeal on the judgement over them not wanting to bake a 'gay cake'. Two years ago, the family-run firm refused to make a cake for gay rights activist Gareth Lee with the slogan "Support Gay Marriage" leading to a judge ruling the Christian owners of Ashers had discriminated against him. Gareth Lee pictured leaving the High Court in Belfast after the judgement was given. Picture by Jonathan Porter/Press Eye
Press Eye Belfast - Northern Ireland 24th October Asher's Bakery loose appeal on the judgement over them not wanting to bake a 'gay cake'. Two years ago, the family-run firm refused to make a cake for gay rights activist Gareth Lee with the slogan "Support Gay Marriage" leading to a judge ruling the Christian owners of Ashers had discriminated against him. Daniel McArthur of Ashers pictured leaving the High Court in Belfast after the judgement was given. Picture by Jonathan Porter/Press Eye
Judgement due on 'gay cake' appeal for Ashers Bakery. Two years ago, the family-run firm refused to make a cake for gay rights activist Gareth Lee with the slogan "Support Gay Marriage" leading to a judge ruling the Christian owners of Ashers had discriminated against him. Daniel McArthur of Ashers and his wife Amy arrive at the High Court in Belfast to hear the appeal. Picture by Jonathan Porter/Press Eye
Judgement due on 'gay cake' appeal for Ashers Bakery. Two years ago, the family-run firm refused to make a cake for gay rights activist Gareth Lee with the slogan "Support Gay Marriage" leading to a judge ruling the Christian owners of Ashers had discriminated against him. Gareth Lee(left) and Dr. Michael Wardlow, chief executive of the Northern Ireland Equality Commission arrives at the High Court in Belfast to hear the appeal. Picture by Jonathan Porter/Press Eye
Daniel McArthur (L), managing director of Ashers Bakery and his wife Amy McArthur (R) hold a press conference as they outside Belfast high court alongside family members for the so called 'Gay Cake' case verdict on October 24, 2016 in Belfast, Northern Ireland. (Photo by Charles McQuillan/Getty Images)
Bakery owners Daniel McArthur and his wife Amy arrive at court for the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Pacemaker Press 19/5/2015 Daniel McArthur (director of Ashers Bakery) and with wife Amy at Laganside court in Belfast on Tuesday. Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Gay rights activist Gareth Lee outside Laganside Court. Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Gay rights activist Gareth Lee outside Laganside Court. Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Gay rights activist Gareth Lee outside Laganside Court. Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Daniel McArthur (director of Ashers Bakery) and with wife Amy at Laganside court in Belfast on Tuesday. Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Gay rights activist Gareth Lee gets a hug from a friend outside Laganside Court. Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Gay rights activist Gareth Lee gets a hug from a friend outside Laganside Court. Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Daniel McArthur (director of Ashers Bakery) and with wife Amy at Laganside court in Belfast on Tuesday. Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Daniel McArthur (director of Ashers Bakery) and with wife Amy at Laganside court in Belfast on Tuesday Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Daniel McArthur (director of Ashers Bakery) at Laganside court in Belfast on Tuesday. Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Daniel McArthur (director of Ashers Bakery) and with wife Amy at Laganside court in Belfast on Tuesday. Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Daniel McArthur (director of Ashers Bakery) and with wife Amy at Laganside court in Belfast on Tuesday. Pic Colm Lenaghan/Pacemaker
Pacemaker Press 19/5/2015 Daniel McArthur (director of Ashers Bakery) and with wife Amy at Laganside court in Belfast on Tuesday Pic Colm Lenaghan/Pacemaker
Dr Michael Wardlow(left() from the Equality Commission and Gareth Lee(centre) pictured outside the court after the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
The DUP's Paul Givan(second from right) and Edwin Poots(second from left) pictured outside the court after the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Bakery owners Daniel McArthur and his wife Amy arrive at court for the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Bakery owners Daniel McArthur and his wife Amy arrive at court for the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Bakery owners Daniel McArthur and his wife Amy arrive at court for the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Bakery owners Daniel McArthur and his wife Amy arrive at court for the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Bakery owners Daniel McArthur and his wife Amy pictured outside the court after the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Bakery owners Daniel McArthur and his wife Amy pictured outside the court after the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Gareth Lee who had tried to order the cake. Gareth Lee(centre) pictured outside the court after the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Gareth Lee who had tried to order the cake. Gareth Lee(right) pictured outside the court after the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Bakery owners Daniel McArthur and his wife Amy pictured outside the court after the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Gareth Lee who had trued to order the cake. Bakery owners Daniel McArthur and his wife Amy pictured outside the court after the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Gareth Lee(centre) pictured outside the court after the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Gareth Lee receives a hug outside the court after the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Bakery owners Daniel McArthur and his wife Amy pictured outside the court after the verdict. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Ashers found guilty of discrimination in cake case. A judge has found a Christian bakery which refused to make a cake bearing a pro-gay marriage slogan guilty of discrimination. Press Eye - Belfast - Northern Ireland - 19th May 2015 Picture by Jonathan Porter / Press Eye
Daniel McArthur (General manager at Ashers Bakery) arrives at Laganside Court in Belfast with his familly Pic Colm Lenaghan/Pacemaker
Daniel and Amy McArthur arrive at Laganside Court yesterday morning
Ashers' Daniel McArthur with his wife Amy and his parents Colin and Karen behind leave Laganside Court after the case finished
Daniel McArthur (General manager at Ashers Bakery) arrives at Laganside Court in Belfast with his family. Pic Colm Lenaghan/Pacemaker
Daniel McArthur, general manager of Asher's Bakery gives a statement to the media before entering court
Ashers Baking Co on Belfast’s Royal Avenue, where Gareth Lee placed the order for the cake at the centre of the court action
Ashers bakery boss Daniel McArthur at Belfast Court. Pic Mark Simpson BBC
More than 2,000 people pack the Waterfront Hall to show support for Ashers bakery
Gareth Lee, whose lawyer put his side of the case to the court yesterday
Daniel and Amy McArthur arriving at Belfast County Court to fight a challenge by Northern Ireland's Equality Commission following their refusal to make a cake bearing a pro-gay marriage slogan. David Young/PA Wire
The cake at the centre of the Ashers row
Daniel McArthur (General manager at Ashers Bakery) arrives at Laganside Court in Belfast with his wife Amy on thursday. Pic Colm Lenaghan/Pacemaker
Daniel McArthur (General manager at Ashers Bakery) arrives at Laganside Court in Belfast. Pic Colm Lenaghan/Pacemaker
Christian Institute support rally for Ashers bakery held at the Waterfront Hall in Belfast. Photograph: Stephen Hamilton/Presseye
Christian Institute support rally for Ashers bakery held at the Waterfront Hall in Belfast. Photograph: Stephen Hamilton/Presseye
Daniel McArthur (General manager at Ashers Bakery) arrives at Laganside Court in Belfast. Pic Colm Lenaghan/Pacemaker
Daniel and Amy McArthur with their baby daughter Elia
Christian Institute support rally for Ashers bakery held at the Waterfront Hall in Belfast. In attendance is the DUP's Sammy Wilson. Photograph:Stephen Hamilton/Presseye
The Ashers Baking Co outlet in Belfast’s Royal Avenue
Mayor Andrew Muir cutting a Sesame Street Bert and Ernie 'Support Gay Marriage' cake

Judgment in the appeal by Ashers bakery over its refusal to bake a cake with a message supporting same-sex marriage will be given on Monday.

Directors at the business in Belfast are seeking to overturn a court judgment which found they acted unlawfully by rejecting an order placed by gay rights campaigner Gareth Lee in 2014 based on the religious conviction that the slogan was sinful.

The McArthur family, which runs the company, insisted they did not know the sexual orientation of the LGBT activist when declining his order.

Mr Lee had requested a cake depicting Sesame Street characters Bert and Ernie below the slogan 'Support Gay Marriage' for an event to mark International Day Against Homophobia. Bakery bosses refunded his money because the message went against their Christian faith.

The family insist their problem was with the cake, not the customer.

But Mr Lee claimed it made him feel a lesser person.

Last year Belfast County Court held that the bakery had discriminated against him on grounds of sexual orientation and religious belief or political opinion.

The firm was ordered to pay £500 compensation to the gay rights activist.

Mr Lee was also backed by the Equality Commission.

During the four-day hearing in May at the Court of Appeal, lawyers for the McArthurs challenged the finding by insisting it would have been sinful for them to complete the order.

David Scoffield QC who represented the McArthur family, said the person who took the order had no idea what Mr Lee's sexual orientation was and had never heard of Queer Space, which was part of the cake's message.

He said the alleged discrimination was not against Mr Lee, it was against the message, but the law only covered harm caused to an individual.

The commission's lawyer Robin Allen QC said the company directly discriminated against their customer. He said: "Mr Lee wanted to be associated with the class of person who have same sex orientation by purchasing this cake.

"He was not allowed to do that by the defendants.

"They would have allowed him to be associated with persons of opposite sex orientation by, for instance, letting him have a cake which did not have the word gay on it."

Belfast Telegraph

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