Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Belief discriminationLatest NewsLGBTReligious discriminationHuman rights

‘Gay cake’ case referred to European Court

by Ashleigh Webber 15 Aug 2019
by Ashleigh Webber 15 Aug 2019 Daniel McArthur with wife Amy, who own the family-run Ashers bakery, speak about the "gay cake" case
Photo: Press Eye Ltd/REX/Shutterstock
Daniel McArthur with wife Amy, who own the family-run Ashers bakery, speak about the "gay cake" case
Photo: Press Eye Ltd/REX/Shutterstock

The case involving a Northern Irish bakery that refused to make a cake with a message supporting gay marriage will be heard in the European Court of Human Rights.

The owners of the Ashers bakery in Belfast claimed that making the cake with the slogan “Support Gay Marriage” for gay rights activist Gareth Lee in 2014 was “at odds” with their Christian faith.

Sexual orientation discrimination

Driver suspended after refusing to drive bus with rainbow-coloured number

Prison officer was unfairly dismissed after revealing sexuality

Lee sued the company for discrimination on the grounds of sexual orientation and belief. He won his case and was successful in subsequent appeal made by the bakery, but the Supreme Court ruled in the bakery’s favour in 2018.

He will now argue that the Supreme Court “failed to give appropriate weight” to him under the European Convention of Human Rights.

In a statement, Lee’s lawyer Ciaran Moynagh said the latest case “does not directly implicate the owners of Ashers bakery or challenge their right to privately hold religious/political views”.

“Instead the case will be against the United Kingdom, a member state of the European Court,” he said.

“We’re concerned the ruling in this case allows any company, its shareholders or owners to hold religious or political views and those views trump the rights of its customers. The Supreme Court ruling blurred the line, created legal uncertainty for all of us in Northern Ireland and the ECHR is the appropriate place to clarify this issue.”

Lee said the case is about limited companies “being somehow able to pick and choose which customers they serve”.

“I’d fight for the rights of business owners to be able to hold their own religious beliefs. I have my own beliefs. But that’s not what my case has ever been about.”

Yvonne Gallagher, partner at Harbottle and Lewis said: “This case and the comments made by Mr Lee’s lawyer highlight the fundamental problem at the heart of Equality legislation which includes religion and belief as a protected characteristic.

“Given that the teaching of many of the major world religions is at odds with parts of the equality agenda, there will inevitably be conflict of the kind referred to by Mr Lee and his lawyers.

“In seeking to narrow the focus to the nature of the conduct complained of the Supreme Court appears to have found a workable way through this but it clearly won’t please everyone.”

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

The owners of the Ashers bakery have maintained that their objection was to the message on the cake itself, not the customer.

Diversity and inclusion opportunities on Personnel Today

Browse more Diversity and inclusion jobs

Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

previous post
Banks need to transfer more staff to EU for no-deal Brexit
next post
£12k for unfairly dismissed Age UK worker after botched redundancy

You may also like

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Supreme Court ruling and EHRC latest: how should...

28 Apr 2025

Union branch wants rights for polyamorous people

9 Apr 2025

EDI should not stifle LGB rights in the...

4 Mar 2025

LGB Alliance launches Business Forum to ‘restore’ gay...

5 Feb 2025

Sharp rise in people identifying as gay and...

30 Jan 2025

President Trump’s DEI backlash: should HR be worried?

24 Jan 2025

Employers need role models to attract young LGBTQ+...

16 Oct 2024

EHRC opens consultation on updated code of practice

2 Oct 2024

Firefighter to receive more than £55k in harassment...

26 Sep 2024

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+