Lee v Ashers Baking Company Ltd & Ors [2016] NICA 39

A Northern Ireland bakery that refused to bake a cake iced with the message “Support Gay Marriage” on the basis of the owners’ religious beliefs, was found in violation of anti-discrimination laws by a county court.  The county court found discrimination both on grounds of sexual orientation and on grounds of religious belief or political opinion. The Court of Appeal upheld the county court’s findings that the bakery had discriminated against the plaintiffs on the ground of sexual orientation, contrary to the Equality Act (Sexual Orientation) Regulations (NI) 2006 (“the 2006 Regulations”). The UK Supreme Court unanimously reversed the Court of Appeal, finding, inter alia , that the record did not support a finding of discrimination on the grounds of sexual orientation. They found that the bakery’s objection was to the message, not to a particular person but rather a refusal to express a political opinion contrary to a person’s religious belief. The Supreme Court held that they could not impose civil liability for such a refusal.

Topics

• Gender discrimination
• International law
• LGBTIQ

Geographical location

• Europe
• United Kingdom and Northern Ireland
• Northern Ireland

Keywords

• freedom of religion
• freedom of speech
• same-sex marriage

Year

• 2018

External URL

• Lee v Ashers Baking Company Ltd & Ors [2016] NICA 39

Court

• Supreme Court of the United Kingdom

Type

• Domestic Case Law

Jurisdiction

• United Kingdom and Northern Ireland