Lee v Ashers Baking Co Ltd & Ors[2015] NICty 2: Northern Ireland County Court: Brownlie DJ: 19 May 2015 [Case Note]

Mcfaul, Hugh (2016). Lee v Ashers Baking Co Ltd & Ors[2015] NICty 2: Northern Ireland County Court: Brownlie DJ: 19 May 2015 [Case Note]. Oxford Journal of Law and Religion, 5(3) pp. 633–634.

DOI: https://doi.org/10.1093/ojlr/rww024

Abstract

Discrimination – Sexual orientation – Less favourable treatment – Plaintiff homosexual ordering cake from defendant bakery to include slogan ‘Support Gay Marriage’ – Defendant company directors initially accepting but subsequently telephoning to refuse to fulfil order, offering a refund and explaining that bakery was Christian business and order should not have been taken – Whether refusal amounting to direct or indirect discrimination on grounds of sexual orientation, if so whether relevant provisions could be read down to take account of defendant directors’ rights to manifest religious belief – Whether defendants having right not to be compelled to express or commit them to a viewpoint – Human Rights Act 1998, Sch 1, Pt 1, arts 8, 9, 10, 14, 17 – Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 – Fair Employment and Treatment Order 1998