A
BAKERY that refused to make a pro-gay marriage cake has been found guilty of
discrimination, in a landmark ruling.
Asher's
Baking Company, of Newtownabbey, County Antrim, Northern Ireland, told some
Gareth Lee that he could not have a cake decorated with a pro-gay marriage
slogan.
Mr
Lee, who is a volunteer of the advocacy group Queer Space then sued the company
for discrimination.
After
a three-day hearing, it was ruled that Asher's - which describes itself as a
Christian bakery - had discriminated against Mr Lee.
Passing
judgement, District Judge Isobel Brownlie said: "I believe the defendants
did have the knowledge that the plaintiff was gay.
"As
much as I acknowledge their religious beliefs this is a business to provide
service to all. The law says they must do that.
"The
defendants are not a religious organisation. They are a business for profit.
There are no exceptions available.
"The
defendants have unlawfully discriminated on the grounds of sexual orientation.
"This
is direct discrimination for which there is no justification."
Read
more here:
Christian-owned bakery which refused to make 'Bert and Ernie' gay marriage cake found GUILTY of discrimination
- Ashers Baking Company guilty of discrimination for refusing to make cake
- Christian-owned firm refused to 'go against the bible' for gay marriage cake
- Judge made landmark ruling after bakery was taken to court by Gareth Lee
- He ordered a cake which featured an image of Sesame Street puppets Bert and Ernie below the motto 'Support Gay Marriage' but order was rejected
A
Christian-owned family bakery which refused to make a cake bearing a pro-gay
marriage slogan has been found guilty of discrimination after a landmark legal
action.
Belfast-based
Ashers Baking Company refused to make a cake for gay rights activist Gareth
Lee, which featured an image of Sesame Street puppets Bert and Ernie below the
motto 'Support Gay Marriage'.
The
Northern Ireland Equality Commission took the bakery to court on behalf of Mr
Lee and the judge today found the company guilty of 'direct discrimination'.
Giving
her ruling at Belfast County Court, district judge Isobel Brownlie said: 'The
defendants have unlawfully discriminated against the plaintiff on grounds of
sexual discrimination.
'This
is direct discrimination for which there can be no justification.'
She
ordered the bakery to pay agreed damages of £500 plus court costs.
Mr
Lee, a member of the LGBT advocacy group Queer Space, had wanted a cake
featuring Sesame Street puppets Bert and Ernie with the slogan 'Support Gay
Marriage' for a private function marking International Anti-Homophobia Day.
He
paid in full when he placed the order at Ashers' Belfast branch but said he was
left stunned two days later, when the company phoned to say it could not be
processed.
Daniel
McArthur, Ashers general manager, who was supported by his wife Amy and other
family members in court today, said prior to the hearing that the bakery had
rejected the order because it 'cannot promote a cause that goes against what
the Bible says'.
Returning
her verdict today, Judge Brownlie said she was satisfied the McArthur family
had 'genuine and deeply held religious beliefs' but said they must have been
aware that Mr Lee was gay and were aware of the ongoing same sex marriage
debate.
The
judge said: 'They must have known or had the perception that the plaintiff was
gay.
'They
must have known that the plaintiff supported gay marriage or associated with
others who supported gay marriage.
'They
(Ashers) are in a business supplying services to all. The law requires them to
do just that.'
The
courtroom in Belfast's Laganside complex was packed as the reserved judgement
was delivered.
“'WE CANNOT PROMOTE A
CAUSE THAT GOES AGAINST THE BIBLE'
A statement released
ahead of today's verdict by Daniel McArthur on behalf of Ashers Baking Company.
'It’s now just over a
year since Ashers Baking Company declined a customer’s order to decorate a cake
with the campaign slogan “Support Gay Marriage”.
'We did not do this
because of anything to do with the customer but because of the message – a
message supporting a cause with which I and my family fundamentally disagree.
'We happily serve
everyone but we cannot promote a cause that goes against what the Bible says
about marriage. We have tried to be guided in our actions by our Christian beliefs.
'It has been a difficult
time for our family. A year ago, we could not have anticipated that a polite
refusal would result in our family being pursued through the courts by a
publicly-funded quango.
'Because of the Equality
Commission’s decision we have endured many anxious months.
'But we have been
sustained throughout by the knowledge that God is faithful. And we have been
greatly encouraged by the huge public support we have received – not only here
but from around the world.
'We have also been
contacted by many people of other faiths and of no faith, and from people who
support same-sex marriage as well as people who support traditional marriage.
'Soon we will all know
the court’s judgment, after which we may be in a position to make some further
comment.'”