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'Gay cake' appeal: Christian bakers Ashers lose appeal | 'Gay cake' appeal: Christian bakers Ashers lose appeal |
(35 minutes later) | |
The Christian owners of a Northern Ireland bakery have lost their appeal against a ruling that their refusal to make a "gay cake" was discriminatory. | The Christian owners of a Northern Ireland bakery have lost their appeal against a ruling that their refusal to make a "gay cake" was discriminatory. |
Appeal court judges said that, under law, the bakers were not allowed to provide a service only to people who agreed with their religious beliefs. | Appeal court judges said that, under law, the bakers were not allowed to provide a service only to people who agreed with their religious beliefs. |
Two years ago, the family-run firm refused to make a cake saying: "Support Gay Marriage". | Two years ago, the family-run firm refused to make a cake saying: "Support Gay Marriage". |
It had been ordered by gay rights activist Gareth Lee. | It had been ordered by gay rights activist Gareth Lee. |
The firm argued that the cake's message was against the bakers' religious views. | The firm argued that the cake's message was against the bakers' religious views. |
Reacting to the ruling, Daniel McArthur from Ashers said he was "extremely disappointed". | |
He said it undermined "democratic freedom, religious freedom and free speech". | He said it undermined "democratic freedom, religious freedom and free speech". |
"If equality law means people can be punished for politely refusing to support other people's causes then equality law needs to change," he said. | |
"We had served Mr Lee before and we would be happy to serve him again. | |
"The judges accepted that we did not know that Mr Lee was gay and that he was not the reason we declined the order. | |
"We have always said it was not about the customer, it was about the message." | |
Witches on Halloween cake | Witches on Halloween cake |
In court on Monday, three judges said it did not follow that icing a message meant you supported that message. | In court on Monday, three judges said it did not follow that icing a message meant you supported that message. |
In their ruling, they said: "The fact that a baker provides a cake for a particular team or portrays witches on a Halloween cake does not indicate any support for either." | In their ruling, they said: "The fact that a baker provides a cake for a particular team or portrays witches on a Halloween cake does not indicate any support for either." |
The judges also said that Ashers would not have objected to a cake carrying the message: "Support Heterosexual Marriage" or indeed "Support Marriage". | The judges also said that Ashers would not have objected to a cake carrying the message: "Support Heterosexual Marriage" or indeed "Support Marriage". |
"We accept that it was the use of the word 'gay' in the context of the message which prevented the order from being fulfilled," they said. | "We accept that it was the use of the word 'gay' in the context of the message which prevented the order from being fulfilled," they said. |
"The reason that the order was cancelled was that the appellants would not provide a cake with a message supporting a right to marry for those of a particular sexual orientation. | "The reason that the order was cancelled was that the appellants would not provide a cake with a message supporting a right to marry for those of a particular sexual orientation. |
"This was a case of association with the gay and bisexual community and the protected personal characteristic was the sexual orientation of that community. | "This was a case of association with the gay and bisexual community and the protected personal characteristic was the sexual orientation of that community. |
"Accordingly this was direct discrimination." | "Accordingly this was direct discrimination." |
Speaking publicly for the first time about the case, Mr Lee said he was both "relieved" and "grateful to the appeal court judges." | Speaking publicly for the first time about the case, Mr Lee said he was both "relieved" and "grateful to the appeal court judges." |
Michael Wardlow, from the Equality Commission, said the appeal court ruling against Ashers bakery was extremely significant and clarified the law. | |
"The reason that we've got law is to protect people so we can all receive the same treatment," he added. | |
"The judgement today was very clear. It said unequivocally, faith is important, but faith cannot set aside equality legislation that has been long fought." | |
The appeal court upheld the original court's decision that Ashers in County Antrim discriminated against Mr Lee. | The appeal court upheld the original court's decision that Ashers in County Antrim discriminated against Mr Lee. |
At that time, the judge said she accepted that Ashers had "genuine and deeply held" religious views, but said the business was not above the law. | At that time, the judge said she accepted that Ashers had "genuine and deeply held" religious views, but said the business was not above the law. |
The family's appeal was heard in May, but the judgement was reserved. | The family's appeal was heard in May, but the judgement was reserved. |