Bakery Found Guilty Of Discrimination After Refusing To Make Cake With Pro-gay Slogan

A bakery that refused to ice a cake with a pro-gay marriage slogan discriminated on grounds of sexual orientation, a court has found.

The ruling, made by District Judge Isobel Brownlie at Belfast County Court, brings to an end a landmark legal action.

Delivering her 90-minute judgment to a packed courtroom, Judge Brownlie called the bakery's cancellation of the order "direct discrimination for which there can be no justification".

The judge said the bakery was a business, not a religious organisation, and therefore had no legal basis to reject an order based on a customer's sexual orientation or beliefs. 

The case began last year when Gareth Lee asked Ashers Bakery to ice the cake depicting Sesame Street characters Bert and Ernie and the logo for the gay rights group Queerspace.

The company initially accepted his request but after consideration declined it because "it was at odds with our beliefs and with what the Bible teaches".

Northern Ireland's publicly funded Equality Commission brought a civil action, alleging that the bakery breached its statutory duty not to discriminate on the grounds of sexual orientation.

Mr Lee, who has not spoken publicly about his experience, did not comment after the ruling.

Michael Wardlow, from the Equality Commission, welcomed the verdict, calling it "very robust, very clear". 

Mr Lee had told the court he had been left to feel "like a lesser person" when the bakery, based at Newtownabbey, County Antrim, declined his order.

The McArthur family which owns the bakery chain told the judge they "could not stand before God" and produce a cake supporting same-sex marriage.

General manager Daniel McArthur said he was "extremely disappointed" with the verdict.

"The ruling suggests that all business owners will have to promote any cause or campaign, no matter how much they disagree with it," he said.

"We won't be closing down, we certainly don't think we've done anything wrong, and we will be taking legal advice to consider our options for appeal."

Judge Brownlie said she believed the McArthur family had "genuine and deeply held religious beliefs" but said they must have been aware Mr Lee was gay and were aware of the ongoing same-sex marriage debate.

She added: "They (Ashers) are in a business supplying services to all. The law requires them to do just that."

The judge ordered the bakery to pay Mr Lee £500 and legal costs, which have run into the tens of thousands.

The case split public opinion in Belfast and beyond.

Northern Ireland Deputy First Minister Martin McGuinness said in a tweet: "Ashers bakery judgement a good result for equality, Gay people have for far too long been discriminated against. We & the law on their side."

DUP MLA Paul Givan accused the Equality Commission of using the "blunt instrument" of the courts to "drag" a Christian family through the legal process, and should be "ashamed".

He called the case an "attack" on the faith of Christians.

Northern Ireland is the only part of the UK where same-sex marriage is illegal, a position affirmed by a vote in the Assembly last month.

The ruling came just three days before the Republic of Ireland holds a referendum on same-sex marriage.

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