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The Christian owners of a bakery have won an appeal at the UK\u2019s highest court over a finding that they discriminated against a customer by refusing to make a cake decorated with the words \u201cSupport Gay Marriage\u201d.<\/p>\nThe Christian owners of a bakery have won an appeal at the UK\u2019s highest court over a finding that they discriminated against a customer by refusing to make a cake decorated with the words \u201cSupport Gay Marriage\u201d.<\/p>\n
Five Supreme Court justices allowed a challenge by the McArthur family in a unanimous ruling in London on Wednesday in what has become widely known as the \u201cgay cake case\u201d.<\/p>\n
The legal action was originally brought against family-run Ashers bakery in Belfast by gay rights activist Gareth Lee, who won his case initially in the county court and then at the Northern Ireland Court of Appeal.<\/p>\n
Announcing the court\u2019s decision, its president, Lady Hale, said: \u201cThis conclusion is not in any way to diminish the need to protect gay people and people who support gay marriage from discrimination.<\/p>\n
\u201cIt is deeply humiliating, and an affront to human dignity, to deny someone a service because of that person\u2019s race, gender, disability, sexual orientation, religion or belief.<\/p>\n
\u201cBut that is not what happened in this case.\u201d<\/p>\n
She went on: \u201cAs to Mr Lee\u2019s claim based on sexual discrimination, the bakers did not refuse to fulfil his order because of his sexual orientation.<\/p>\n
\u201cThey would have refused to make such a cake for any customer, irrespective of their sexual orientation.\u201d<\/p>\n
The court also said Mr Lee had no claim against Ashers on the grounds of religious belief or political opinion.<\/p>\n
The bakers could not refuse to supply their goods to Mr Lee because he was a gay man or supported gay marriage, but that is quite different from obliging them to supply a cake iced with a message with which they profoundly disagreed<\/p>\n
Lady Hale added: \u201cThe bakers could not refuse to supply their goods to Mr Lee because he was a gay man or supported gay marriage, but that is quite different from obliging them to supply a cake iced with a message with which they profoundly disagreed.\u201d<\/p>\n
Daniel and Amy McArthur, who have said the law risked \u201cextinguishing\u201d their consciences, were in court for the ruling.<\/p>\n
Mr Lee was also present for the latest ruling in a case which has attracted enormous attention.<\/p>\n
The bakery\u2019s appeal against the finding of discrimination was heard at the Supreme Court sitting in Belfast in May.<\/p>\n
During the hearing the justices were told that the owners were being forced to act against their religious beliefs.<\/p>\n
David Scoffield QC, for Ashers, argued that the state was penalizing the baking firm, with the courts effectively compelling or forcing them to make a cake bearing a message with which they disagree as a matter of religious conscience.<\/p>\n
The legal action against Ashers was taken by Mr Lee with support from Northern Ireland\u2019s Equality Commission.<\/p>\n
Controversy first flared when Mr Lee, a member of the LGBT advocacy group QueerSpace, ordered a cake in 2014 featuring Sesame Street puppets Bert and Ernie for a private function marking International Day Against Homophobia.<\/p>\n
His order was accepted and he paid in full but, two days later, the company called to say it could not proceed due to the message requested.<\/p>\n
In the original court case, District Judge Isobel Brownlie ruled that religious beliefs could not dictate the law and ordered the firm to pay damages of \u00a3500.<\/p>\n
Mounting an unsuccessful challenge at the Court of Appeal in Belfast in 2016, Ashers contended that it never had an issue with Mr Lee\u2019s sexuality, rather the message he was seeking to put on the cake.<\/p>\n
Mr Scoffield told the justices that the case, a simple transaction, raised an issue of principle since those with deeply-held religious or philosophical convictions could be compelled to act against their beliefs.<\/p>\n
Robin Allen QC, for Mr Lee, said: \u201cThis was a relatively small incident in his life which has become enormously significant and continues to be so.<\/p>\n
\u201cThat is a heavy burden to bear for one individual.\u201d<\/p>\n
Northern Ireland is the only part of the UK or Ireland where same-sex marriage is outlawed, with British Prime Minister Theresa May\u2019s DUP allies staunch opponents of changing the law.<\/p>\n