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Ashers gay cake appeal: McArthur family feel 'victimised' by Equality Commission

By Claire Williamson

Published 25/10/2016

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

Christian bakers who lost their court appeal over a ruling that found their company discriminated against a gay man have said they feel "victimised" by Northern Ireland's Equality Commission.

Directors at Ashers Bakery were hoping to overturn a court judgment which found they acted unlawfully by rejecting an order placed by gay rights campaigner Gareth Lee in 2014.

The court ruled against Ashers, run by the McArthur family, for refusing to fulfil an order to make a £36.50 cake with the slogan because it conflicted with their Christian beliefs.

Read more:

Ashers ruling: The activists may have won but many people won't be celebrating verdict

Ashers ruling: Outcome must not discourage people's faith

Ashers ruling: Fight for equality is as much battle for hearts and minds as it is for legislation  

Ashers Bakery family weigh up options as costs for cake battle rise to almost £180k

Ashers ruling: Disappointed yes, but this couple's faith is still unshakeable  

The McArthur family insisted they did not know the sexual orientation of Mr Lee, an LGBT activist, when declining his order.

The family insist their problem was with the cake, not the customer. But Mr Lee claimed it made him feel a lesser person.

However, on Monday morning the Court of Appeal upheld the original decision that Ashers Bakery had "directly discriminated".

In delivering the appeal judgement, Northern Ireland's Lord Chief Justice Sir Declan Morgan rejected the argument that the bakery would be endorsing the slogan by baking the cake.

In an interview with Sky News the couple said they "never meant to cause any offence".

Daniel McArthur who runs Ashers Baking Company said: "We never meant to cause anyone any offence, but at the same time, as Christians, we've certainly felt victimised by the Equality Commission of Northern Ireland."

"We're disappointed with the way it went. They didn't consider how much our conscience affects us as Christians, in how we run our business, but we still believe that God is in control."

The couple said those who have been calling them "homophobic" don't "grasp" the argument.

"I think whenever we've been called those names, the people calling them maybe don't fully grasp the arguments and what's at stake", said Daniel.

"Or that as Christians, how our beliefs affect every part of our lives, including running our business, and the decisions that we make in our business."

Asked how the case had impacted their lives - Amy said the difficult time had strengthened their faith in God.

She said: "It's fair to say it's been a hard time, God has been our rock and really through our trust in him we've been able to be unshaken and unmoved by it.

"He's used this time to strengthen our faith in him and that's only been a good thing for us as individuals, for our marriage and for our family - we are thankful that he's used a very hard thing to bring about a lot of good in our lives."

Welcoming the ruling on Monday the Equality Commission said it raised issues of "public importance" and that it has "always been happy" to give advice to any businesses concerned.

Dr Michael Wardlow, chief commissioner of the Equality Commission said: "The case raised issues of public importance regarding the extent to which suppliers of goods and services can refuse service on grounds of sexual orientation, religious belief and political opinion.

He continued: “The answer is not to have the legislation changed and thereby remove the equality protection concerned. The answer is for the supplier of services to cease distinguishing, on prohibited grounds, between those who may or may not receive the service.

"In the present case the appellants may elect not to provide a service that involves any religious or political message. What they may not do is provide a service that only reflects their own political or religious belief in relation to sexual orientation.”

“We are pleased that the Appeal Judges have confirmed the legal position which underpins our advice to service providers and employers.

“That is, that businesses operating in the commercial sphere, providing services to the public, cannot discriminate against people on any of the grounds covered by anti-discrimination legislation governing the provision of goods, facilities and services to the public in Northern Ireland.

"The Commission has always been happy to give advice to any businesses concerned by these issues and has published guidance on the law as it affects service providers on our website.”

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