'Gay cake' row: European Court rules case inadmissible
The European Court of Human Rights has been looking at the case
Last updated 6th Jan 2022
The European Court of Human Rights has declared an application over the so-called "gay cake case" inadmissible.
Judges say it's because the applicant - gay rights activist Gareth Lee – “didn't invoke his convention rights in domestic proceedings”.
He's been in dispute with Christian Belfast bakery Ashers since 2014, when they refused to make him a cake iced with a slogan in support of gay marriage, featuring Sesame Street puppets Bert and Ernie
In 2018, the UK Supreme Court ruled Mr Lee was not discriminated against, so he referred the case to Strasbourg
Welcoming today’s decision a spokesperson for the Christian Institute, Simon Calvert said, “This is the right result. The UK Supreme Court engaged at length with the human rights arguments in this case and upheld the McArthur’s bakery owners rights to freedom of expression and religion.”
“It was disappointing to see another attempt to undermine those rights, so it is a relief that the attempt has failed. I’m surprised anyone would want to overturn a ruling that protects gay business owners from being forced to promote views they don’t share, just as much as it protects Christian business owners.”
“The ruling in October 2018 by five of the country’s most distinguished and experienced judges was welcomed by lawyers, commentators and free speech experts from across the spectrum. They all knew of the implications for freedom of speech and religion, had the decision gone against Ashers.”
“This could have included a Muslim printer being forced to print cartoons of Mohammed, or a lesbian-owned bakery being forced to make a cake describing gay marriage as an ‘abomination’.
“This is good news for free speech, good news for Christians, and good news for the McArthurs.”
Menahwile LGBTQ support group the Rainbow Project said the ECHR ruling was disappointing.
Director John O'Doherty said: "This case was taken against the UK Government for its failure to protect Mr Lee from discrimination.
"The County Court and the NI Court of Appeal confirmed the scope of anti-discrimination law in Northern Ireland.”
"When a commercial business is providing services to the public, they cannot discriminate against their customers or clients on any grounds protected by equality law.”
"The subsequent decision of the UK Supreme Court created legal uncertainty, not just in Northern Ireland but across the UK.”
"Unfortunately, with today's decision, that uncertainty will remain.”
"While today's decision brings this case to a close, there remains a number of questions around what protections exist for LGBTQIA+ people when accessing goods, facilities and services following the Supreme Court decision in October 2018."