On the question of political discrimination, the judge said Ashers had denied Lee service based on his request for a message supporting same-sex marriage. Despite this, Judge Isobel Brownlie said that refusing the pro-gay marriage slogan was unlawful indirect sexual orientation discrimination. There is no evidence that his sexuality was the reason Ashers declined his order. His cake request was refused not because he was gay, but because of the message he asked for. ![]() The Ashers verdict could encourage far-right extremists to demand the promotion of anti-migrant and anti-Muslim opinions ![]() However, the court erred by ruling that Lee was discriminated against because of his sexual orientation and political opinions. A business providing a public service has a legal duty to do so without discrimination based on race, gender, faith and sexuality. The equality laws are intended to protect people against discrimination. It pains me to say this, as a long-time supporter of the struggle for LGBT equality in Northern Ireland, where same-sex marriage and gay blood donors remain banned. The law suit against the bakery was well-intended. Nevertheless, on reflection the court was wrong to penalise Ashers and I was wrong to endorse its decision. Ashers’ religious justifications are, to my mind, theologically unsound. They claim to be Christians, yet Jesus never once condemned homosexuality, and discrimination is not a Christian value. I profoundly disagree with Ashers’ opposition to same-sex love and marriage, and support protests against them. Last May a Belfast court found Ashers guilty of discrimination on both grounds, ordering it to pay Lee £500 compensation. It argued that the bakery’s actions breached Northern Ireland’s Equality Act and Fair Employment and Treatment Order, which prohibit discrimination in the provision of goods, facilities and services on the respective grounds of sexual orientation and political opinion. Gareth Lee’s legal case against Ashers was backed by the Equality Commission of Northern Ireland. Surely this was an example of clear-cut anti-gay discrimination? Ashers would have decorated a cake with a message celebrating traditional heterosexual marriage and promoting a Christian organisation. ![]() They translated these beliefs into action and declined to make the cake. ![]() Ashers believes that the relationships of lesbian, gay, bisexual and transgender (LGBT) people are wrong and should not be eligible for the status of marriage. This struck many of us as anti-gay discrimination based on religious-inspired homophobic prejudice. The saga began in 2014 when the bakery said it was not willing to ice a cake with the words “ support gay marriage” and the logo of the equality group Queer Space, claiming the message was contrary to its Christian beliefs. Much as I wish to defend the gay community, I also want to defend freedom of conscience, expression and religion. Now, two days before the case goes to appeal, I have changed my mind. I supported his legal claim against Ashers and the subsequent verdict – the bakery was found guilty of discrimination last year. L ike most gay and equality campaigners, I initially condemned the Christian-run Ashers Bakery in Belfast over its refusal to produce a cake with a pro-gay marriage slogan for a gay customer, Gareth Lee.
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