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Belfast gay cake row bakers Ashers 'subjected customer to direct discrimination', court told

By Alan Erwin

Published 12/05/2016

Ashers bakery
Ashers bakery
PACEMAKER BELFAST 09/05/2016 Daniel McArthur and his Wife Amy at Belfast High Court on Monday, The Christian owners of Ashers Bakery, the McArthur family, are seeking to appeal a ruling that found they acted unlawfully by refusing to bake a cake with a Slogan supporting gay marriage in May 2014. PHOTO Colm Lenaghan/Pacemaker
PACEMAKER BELFAST 09/05/2016 Gareth Lee ( Gay Rights activist) with Michael Wardlow (Chief Commissioner for the Equality Commission for Northern Ireland) at Belfast High Court on Monday, The Christian owners of Ashers Bakery, the McArthur family, are seeking to appeal a ruling that found they acted unlawfully by refusing to bake a cake with a Slogan supporting gay marriage in May 2014. PHOTO Colm Lenaghan/Pacemaker
PACEMAKER BELFAST 09/05/2016 Gareth Lee ( Gay Rights activist) with Michael Wardlow (Chief Commissioner for the Equality Commission for Northern Ireland) at Belfast High Court on Monday, The Christian owners of Ashers Bakery, the McArthur family, are seeking to appeal a ruling that found they acted unlawfully by refusing to bake a cake with a Slogan supporting gay marriage in May 2014. PHOTO Colm Lenaghan/Pacemaker
PACEMAKER BELFAST 09/05/2016 Daniel McArthur and his Wife Amy at Belfast High Court on Monday, The Christian owners of Ashers Bakery, the McArthur family, are seeking to appeal a ruling that found they acted unlawfully by refusing to bake a cake with a Slogan supporting gay marriage in May 2014. PHOTO Colm Lenaghan/Pacemaker
PACEMAKER BELFAST 09/05/2016 Gareth Lee ( Gay Rights activist) with Michael Wardlow (Chief Commissioner for the Equality Commission for Northern Ireland) at Belfast High Court on Monday, The Christian owners of Ashers Bakery, the McArthur family, are seeking to appeal a ruling that found they acted unlawfully by refusing to bake a cake with a Slogan supporting gay marriage in May 2014. PHOTO Colm Lenaghan/Pacemaker
PACEMAKER BELFAST 09/05/2016 Daniel McArthur and his Wife Amy at Belfast High Court on Monday, The Christian owners of Ashers Bakery, the McArthur family, are seeking to appeal a ruling that found they acted unlawfully by refusing to bake a cake with a Slogan supporting gay marriage in May 2014. PHOTO Colm Lenaghan/Pacemaker
Solicitor Sam Webster with Daniel McArthur and his Wife Amy at Belfast High Court on Monday, The Christian owners of Ashers Bakery, the McArthur family, are seeking to appeal a ruling that found they acted unlawfully by refusing to bake a cake with a Slogan supporting gay marriage in May 2014. PHOTO Colm Lenaghan/Pacemaker
Gareth Lee outside the court yesterday
Daniel and Amy McArthur of Ashers bakery at Belfast High Court yesterday. Photo: Brian Lawless/PA Wire

The Christian bakers who refused to make a cake with a slogan supporting gay marriage subjected their customer to direct discrimination, the Court of Appeal has heard.

Senior judges were also told that the McArthur family's entitlement to express their religious beliefs should not "trump" Gareth Lee's rights.

The McArthurs were sued by Mr Lee, a gay rights activist, for declining an order he placed at their Ashers bakery store in Belfast two years ago.

He requested a cake depicting Sesame Street characters Bert and Ernie below the words "Support Gay Marriage" for an event to mark International Day Against Homophobia.

Bosses at the bakery refunded his money for the order because the message went against their Christian faith.

The family insisted their problem was with the cake and not the customer.

In a landmark verdict last year, Belfast County Court held that the bakery discriminated against Mr Lee on grounds of sexual orientation and religious belief or political opinion.

The firm was also ordered to pay him £500 compensation. The McArthurs are now seeking to overturn the verdict, arguing that it would have been sinful for them to complete the order.

Counsel for the family told the court that it was wrong to force them to choose between operating a business and adhering to their faith.

But on day three of the case, a barrister for the Equality Commission, which has backed Mr Lee, insisted the refusal left him unable to associate with a group by having a cake to celebrate their campaign. Robin Allen QC contended: "The word gay is a statement of sexual orientation.

"They (Ashers) were objecting to the use of a sexual orientation in that message. That's what makes it direct discrimination, because of that objection."

A panel of three appeal judges, led by Lord Chief Justice Sir Declan Morgan, was told the case involved balancing competing rights.

Mr Allen stressed the Commission recognised the importance of entitlements to freedom of religious belief under Article 9 of the European Convention on Human Rights.

But he continued: "It does not follow that simply because they are important they always trump... the balancing exercise has to be carried out."

The barrister pointed out how the County Court had held that the rights of everyone were equal under the law.

"It certainly wasn't an easy case for the presiding judge to deal with," he added. "She has brought thought to it and tried to deal comprehensively with it."

The appeal continues.

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