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Belfast 'gay cake' case: Gareth Lee statement as groups react to court ruling

6 Jan

A gay rights activist said he had "hoped for a different outcome" in his challenge to the European Court of Human Rights over the "gay cake" case.

Gareth Lee said he had been discriminated against when the Christian owners of the bakery Ashers refused to make him a cake iced with the slogan "Support Gay Marriage".

On Thursday, the complaint was ruled inadmissible by the ECHR.

Speaking afterwards, Mr Lee said: "Everyone has freedom of expression and it must equally apply to lesbian, gay, bisexual and trans people.

"The message on the cake was mine and I paid a company that printed messages on cakes to print my message.

"My message supported the campaign for same-sex marriage that was ultimately successful and I am delighted with that.

"I am most frustrated that the core issues did not get fairly analysed and adjudicated upon because of a technicality.

"None of us should be expected to have to figure out the beliefs of a company's owners before going into their shop or paying for their services.

"This case has put a spotlight on the challenges faced by LGBT+ in Northern Ireland.

"I will continue to support all law that protects and gives rights to all people equally."

Gareth Lee's lawyer, Ciaran Moynagh of Phoenix Law, said they would consider whether to bring a fresh court challenge under domestic law.

Mr Moynagh said: "Mr Lee brought the appropriate and only application available to him and dealt with all arguments that arose in the course of appeals.

"We are clear that Mr Lee's convention rights were engaged and put forward during the litigation.

"Given the position the European court has taken, we will now consider whether a fresh domestic case is progressed.

"The substantive issues raised by my client in his application to the ECHR remain unaddressed and this is a missed opportunity.

"Today's decision means that the law here in NI remains in a state of uncertainty as to how persons' rights can be protected.

"Owners of limited companies have long taken advantage of being able to separate themselves financially from their business.

"We continue to believe they should also keep their political and religious views separate."

The Christian Institute welcomed the ruling and said it was the "right result".

Spokesman Simon Calvert said: "The UK Supreme Court engaged at length with the human rights arguments in this case and upheld the McArthurs' rights to freedom of expression and religion.

"It was disappointing to see another attempt to undermine those rights, so it is a relief that the attempt has failed.

"I'm surprised anyone would want to overturn a ruling that protects gay business owners from being forced to promote views they don't share, just as much as it protects Christian business owners.

"The ruling in October 2018 by five of the country's most distinguished and experienced judges was welcomed by lawyers, commentators and free speech experts from across the spectrum.

"They all knew of the implications for freedom of speech and religion, had the decision gone against Ashers.

"This is good news for free speech, good news for Christians, and good news for the McArthurs."

LGBTQ support group the Rainbow Project said the ECHR ruling was disappointing.

Director John O'Doherty said: "This case was taken against the UK Government for its failure to protect Mr Lee from discrimination.

"The County Court and the NI Court of Appeal confirmed the scope of anti-discrimination law in Northern Ireland.

"When a commercial business is providing services to the public, they cannot discriminate against their customers or clients on any grounds protected by equality law.

"The subsequent decision of the UK Supreme Court created legal uncertainty, not just in Northern Ireland but across the UK.

"Unfortunately, with today's decision, that uncertainty will remain.

"While today's decision brings this case to a close, there remains a number of questions around what protections exist for LGBTQIA+ people when accessing goods, facilities and services following the Supreme Court decision in October 2018."

Belfast-based human rights group the Committee on the Administration of Justice (CAJ) described the ECHR ruling in the "gay cake" case as a "missed opportunity".

Daniel Holder, deputy director of the CAJ, said: "The European Court of Human Rights having not been able to deal with this issue on a technicality is a missed opportunity for it to clarify its case law on sexual orientation and discrimination in the private sector, particularly when it is said to relate to the message rather than the customer.

"We believe this leaves an ambiguity whereby individuals and organisations across Europe actively campaigning on gay rights would be particularly vulnerable to a commercial business refusing to provide services like printing posters, leaflets, setting up websites, etc, through claiming an exemption to non-discrimination laws on the basis of 'it's not you, it's your message'."

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