Latest in Employment Law>Case Law>Lee v Ashers Baking Co Ltd [2015] NICty
Lee v Ashers Baking Co Ltd [2015] NICty
Published on: 14/08/2015
Issues Covered: Discrimination
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Background

This well-reported 'gay cake' case has gone in favour of the Plaintiff, Mr Lee, who had requested a cake from Ashers with the phrase 'Support Gay Marriage' scanned into the icing on the top. The order was initially accepted to avoid 'a confrontation in the shop', according to the third respondent but was later refused.

This 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. The Court’s decision confirms the legal responsibilities on all service providers not to discriminate against their customers on these grounds.

Presiding District Judge Brownlie at paragraph 91 of her decision found that there was no incompatibility between the 2006 Regulations and the Defendants' rights under the European Convention on Human Rights to hold religious beliefs, adding, "To do otherwise would be to allow a religious belief to dictate what the law is. That is a matter for the Assembly."

She continued at paragraph 93:

"The Defendants are entitled to hold their genuine and deeply held religious beliefs and to manifest them but, in accordance with the law, not to manifest them in the commercial sphere if it is contrary to the rights of others."

The full judgement is currently available on the Equality Commission's website: http://www.equalityni.org/ECNI/media/ECNI/Cases%20and%20Settlements/2015/Lee-v-Ashers_Judgement.pdf

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 14/08/2015