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Forcing Christians to bake same-sex cake 'amounts to cruelty'

By Alan Erwin

Published 13/05/2016

Daniel and Amy McArthur of Ashers Baking Company
Daniel and Amy McArthur of Ashers Baking Company
Gareth Lee who took legal case
Attorney General John Larkin

Forcing Christian bakers to make a cake with a pro-gay marriage slogan could amount to cruelty, Northern Ireland's law chief has argued.

Attorney General John Larkin QC's claim came as judgment was reserved in a landmark legal battle over the McArthur family's refusal of a customer's order.

Senior judges in Belfast pledged to give their verdict as soon as possible. Ashers Baking Company, run by the McArthurs, is seeking to overturn a finding that it acted unlawfully in declining Gareth Lee's order.

Mr Lee had requested a cake depicting Sesame Street characters Bert and Ernie below the motto '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 also told to pay £500 compensation to the gay rights activist, who was backed by the Equality Commission.

In a four-day hearing at the Court of Appeal, lawyers for the McArthurs insisted it was wrong to force them to choose between operating a business or adhering to their faith.

In closing submissions yesterday, David Scoffield QC denied that his clients' refusal subjected Mr Lee to direct discrimination. He said: "The reason the order was declined was conscience, it was nothing to do with this customer or any customer's political opinion."

Supporting the McArthurs' case, the Attorney General has contended that it was wrong to force them to express a political view in conflict with their faith.

And in his final arguments yesterday, Mr Larkin claimed the problem in the case involved "coerced expression".

He told the court: "The wrong occurs, and can amount to cruelty, to make someone say something fundamentally at variance with their political opinion or religious views."

Following closing submissions, the three appeal judges, Lord Chief Justice Sir Declan Morgan and Lord Justices Weatherup and Weir, confirmed they were reserving their decision.

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