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Gay cake row: Christian Institute rally for Ashers Baking Company held at the Waterfront Hall

Published 25/03/2015

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
Public rally supporting Ashers staged by the Christian Institute at the Waterfront Hall in Belfast on Tuesday. Pic Colm Lenaghan/Pacemaker
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
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
Pacemaker Press 24/3/2015 A Public gathering is staged by the Christian Institute at the Waterfront Hall in Belfast on tuesday evening. The gathering is intended as a show of support for Asher's bakery ahead of legal action this week, following its refusal to produce a cake endorsing same-sex marriage. Speakers during the event included A bed-and-breakfast owner who refused to let a gay couple sleep together at her business alongside the boss of Ashers Bakery. Pic Colm Lenaghan/Pacemaker
B&B owner Hazelmary Bull speaks at a public gathering, staged by the Christian Institute at the Waterfront Hall in Belfast. Speakers during the event included the bed-and-breakfast owner who refused to let a gay couple sleep together at her business. Pic Colm Lenaghan/Pacemaker
Daniel McArthur with his wife Amy and daughter Robyn at home. The McArthur family business, Ashers Bakery, is involved in a high-profile legal wrangle with the Equality Commission
Equality commission has brought a civil case against Ashers Baking Company
Peter Robinson said better use could be made of the money

The Christian Institute has held a rally at the Waterfront Hall Belfast in support of the Ashers Baking Company ahead of a legal case that is being taken against the Christian bakery by the Equality Commission.

The commission has brought a civil case against Ashers Baking Company after it refused to bake a cake with a pro-gay marriage slogan. The hearing is due in the High Court on Thursday.

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
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 2,500-seater Waterfront Hall was full on Tuesday night with more supporters who turned up unable to get inside.

Members of the McArthur family which owns the bakery, and representatives of the Christian Institute and DUP were in attendance at the packed rally ahead of the hearing on Thursday.

Simon Calvert of the Christian Institute said: "This is simply about whether someone should be forced to promote a message with which they profoundly disagree and everyone ought to have that freedom not to be forced to promote a message that they don't agree with."

Speakers during the event included B&B owner Hazelmary Bull who refused to let a gay couple sleep together at her business. A judge found Mrs Bull and her husband  had directly discriminated against the couple - who were awarded a total of £3,600 damages.

Meanwhile Northern Ireland's First Minister Peter Robinson has accused the Equality Commission of spending up to £33,000 to seek court damages worth £500 from a Christian-owned bakery

"The issue here is where there are competing rights, ensuring that there is reasonable accommodation. That is what the Equality Commission have missed in all of this.

"When you consider that they have set aside the potential of spending £33,000 on this court case where they are seeking damages of £500 against Ashers, there is a better use that could be put to that money, particularly in the tight fiscal situation the Executive faces."

Ashers declined the order for a cake with the image of Sesame Street puppets Bert and Ernie below the motto Support Gay Marriage.

The Equality Commission took on the case on behalf of the customer.

An Equality Commission Spokesperson said: " We can confirm that £8,586.60 has been spent on this case to date. The final costs will be not known until the case is concluded. We can also confirm that our legal funding committee has authorised expenditure not exceeding £33,000.

"The Equality Commission has an important role in ensuring effective application of Northern Ireland's equality laws and supports cases so that people are aware of, and can avail of, the protection these laws afford against all forms of unlawful discrimination.

The cake at the centre of the Ashers row
The cake at the centre of the Ashers row

"This case raises 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.

"The Commission's policy is not to discuss the details of any case we are supporting once proceedings have been issued."

DUP MLA Paul Givan tabled a religious conscience clause Bill at Stormont seeking a legal exemption on the grounds of strongly held beliefs.

The Lagan Valley representative said that the clause would not allow someone to refuse to serve an individual who held contrary beliefs.

Sinn Fein has said that it will use a petition of concern to block the bill. Caitriona Ruane MLA said: "Sinn Fein said we would oppose any attempt to undermine the rights of all people in our society to have equal and fair service when buying goods and services."

The SDLP's Alex Attwood said if the Bill his party would also sign the petition of concern.

Daniel McArthur with his wife Amy and daughter Robyn at home. The McArthur family business, Ashers Bakery, is involved in a high-profile legal wrangle with the Equality Commission
Daniel McArthur with his wife Amy and daughter Robyn at home. The McArthur family business, Ashers Bakery, is involved in a high-profile legal wrangle with the Equality Commission
Equality commission has brought a civil case against Ashers Baking Company

Green Party MLA Steven Agnew said: "The so-called 'conscience clause' is nothing but a thinly veiled attempt to legalise discrimination against LGB people."

In February more than 100,000 people signed a US petition in just 48 hours in opposition to the DUP plan. In December last year English comedian and actor Stephen Fry said the amendment Bill was 'sick'.

A poll released, commissioned by the Christian Institute and released on Monday, found that more than 70% of people believe it is wrong for a Christian bakery to be taken to court over its refusal to make a cake supporting gay marriage. A link to the poll is available here (PDF).

As the case approaches, the debate has intensifed between Christian-based groups, including church leaders, and pro-gay groups.

A human rights academic has claimed that businesses owned by Christians have a legal way of providing services while not approving of gay relationships.

Professor Steven Greer has suggested that businesses can print a disclaimer on invoices, websites, and other business documents, to say that compliance with statutory requirements does not constitute approval of the activities in question. In a commentary piece, the Bristol University professor argues that the courts need to strike a balance between competing rights and interests.

Councillor Andrew Muir cutting the cake that was produced by another bakery after Asher’s Baking Company refused
Councillor Andrew Muir cutting the cake that was produced by another bakery after Asher’s Baking Company refused

Mr Greer believes that a 'conscience clause' bill proposed to the Assembly by the DUP's Paul Givan has little chance of ever being introduced as it would be repealed by Westminster and legally challenged in Strasbourg.

He suggests: "Those providing goods and services in Northern Ireland who do not approve of gay relationships, could and should simply issue a disclaimer on their invoices, websites, and other business documents to the effect that compliance with relevant statutory requirements does not necessarily constitute approval of the activities in question."

Churches across Northern Ireland have been encouraged by the Christian Institute to highlight a support meeting to their members tonight at Belfast's Waterfront Hall while pro-gay rights rallies have been held in various towns.

How disclaimer could be solution to the rights versus conscience deadlock

There could be a way round the difficulties thrown up by the Ashers case, writes Prof Steven Greer:

This Thursday, the District Judges Court in Belfast will begin hearing a case, brought by the Equality Commission for Northern Ireland on behalf of gay activist Mr Gareth Lee, against Ashers Baking Company for alleged breach of statutory duty not to discriminate on the grounds of sexual orientation in the provision of goods or services.

On the basis of strongly held Christian beliefs, the bakery declined an order from Mr Lee for a cake decorated with Sesame Street characters Bert and Ernie in a friendly but not intimate embrace, the logo of the campaign group ‘QueerSpace’, and the slogan ‘Support Gay Marriage’.

There seems little doubt that Ashers will lose the litigation, and that Mr Lee will be modestly compensated, because the legislation in question, the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006, does not provide an exemption on any ground, including religious faith.

Possibly anticipating this outcome, DUP Assembly member, Paul Givan, is seeking to provide one by way of a Private Members Bill supported by his party and the Catholic Church amongst others. Mr Givan’s amendment would not legalise all refusals to supply goods and services to gays in Northern Ireland.

It would, instead, provide a ‘conscience clause’ permitting those with strongly held religious views to avoid ‘endorsing, promoting or facilitating behaviour or beliefs’ which conflict with these convictions. Some have claimed that the current position in Northern Ireland is ‘Christianophobic’ — intolerant of and discriminatory towards Christians. And, according to First Minister Peter Robinson, the Equality Commission’s case amounts simply to ‘bullying’.

For these and others, the proposed amendment would, merely provide an appropriate, measured solution to a genuine conflict between the right to freedom of thought, conscience and religion, on the one hand, and the right not to be discriminated against due to sexual preference on the other. By contrast, others regard it as an attempt to legalise homophobia.

The right not to be discriminated against on the basis of sexual preference is clear in international human rights law with, for example, the decriminalization of private, consensual, adult, gay sex mandatory throughout the 47-member Council of Europe, no matter how strong national or regional opposition. And for good reason.

Gay, lesbian, bisexual and transgender people have long suffered, not just discrimination, but often savage mistreatment merely for claiming identities or engaging in private, consensual, adult sexual activities, of which others disapprove. The scope of the right to freedom of thought, conscience and religion is, however, less clear.

Since it unquestionably includes the right not to be compelled to believe against conscience, religious conservatives are well within their rights to regard gay sex as inherently wrong because God forbids it.

But the permissibility of the expression of religious belief, in commercial and other spheres, hinges fundamentally upon its consequences, including and especially how others are affected.

Were Mr Givan’s amendment to be passed, same-sex couples in Northern Ireland could, for example, be lawfully denied a table at a restaurant, a room in a hotel, or a mortgage, on the grounds that this would otherwise endorse or facilitate same-sex unions.

But, apart from a sense of discomfort, distaste or outrage, it is not at all clear what loss or damage is suffered by those who feel that being required to provide gays with customised goods and services compels them to act contrary to their core religious beliefs.

Such a ‘loss’, if a loss it is at all, pales into insignificance compared with the tangible and potentially substantial damage which could be sustained by gay couples in such circumstances.

There is, in any case, a simpler solution to these difficulties. Instead of an exemption from the 2006 regulations, those providing goods and services in Northern Ireland who do not approve of gay relationships, could and should simply issue a disclaimer on their invoices, websites, and other business documents to the effect that compliance with relevant statutory requirements does not necessarily constitute approval of the activities in question.

Steven Greer from Belfast is currently Professor of Human Rights at the University of Bristol Law School

Further reading

Gay marriage to be recognised by Presbyterian Church in the US

Gay couple 'shocked' at Beulah Print's refusal to make civil partnership invitations

Church of Ireland split over gay rights and DUP's conscience clause Bill

US petition against 'anti-gay' Northern Ireland conscience clause bill gets 100,000 signatures in two days

Unlikely allies as the Catholic Church backs DUP Conscience Clause Bill

Sinn Fein petition leaves DUP's conscience clause dead in the water

MLA urges Equality Commission cuts

Ashers Bakery 'gay wedding cake' case could set precedent forcing Muslims to print Prophet Mohamed cartoons, claims human rights lawyer  

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