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'Gay cake' row: Judge rules against Ashers bakery

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Original post by Arbolus
Of course, but that's not the question here.

The bakery did not discriminate against Mr Lee on the grounds of his sexuality, only on the grounds of his political beliefs. Had a straight couple come in to ask for the same message it would have refused them as well, and had Mr Lee come in to ask for a different, non-controversial message it would have agreed.

I'd like to see what justifications the judge has for this verdict.


But equally, if a gay marriage supporter asked for a plain cake, they have got it. So I'd argue that they didn't discriminate on political beliefs either.
Original post by LutherVan
Why should the customers beliefs be priority over the seller's beliefs?


For two reasons: (a) religious beliefs give you no right to break the anti-discrimination law (except in limited church membership cases) and (b) the law is a one-way law that protects the customer or employee, not the supplier or employer.
Reply 182
Original post by LutherVan
Why should the customers beliefs be priority over the seller's beliefs?


Because they are the ones being offered a service

If you offer a service you shouldn't be able to discriminate against who that service is offered to

as I keep saying the days of 'no dogs. no blacks and no Irish' and now 'no gays' are over.
Original post by PopaPork
As a gay person who supports gay rights all I can say is thankfully your opinion doesn't count.

as my OP states I'm happy with the result but saddened that this forum has so many people who would support discrimination against me because of my sexuality and desire for equity


Jesus Christ. Some of my closest friends are gay. I support gay marriage. None of that is relevant.

I am not asking you to take me seriously as an authority. I don't just have 'an opinion' based on nothing but feels. I have legal qualifications, I have read the law on this and I think the judge got it wrong. But well done on refusing to engage with anything I have said other than my conclusion.
Original post by Good bloke
I agree that the evidence supports the idea that this is not anti-homosexual discrimination, and that the judge got that wrong. However, do you agree that the judgement might be right (in NI, where discrimination on the grounds of political belief is illegal), but on the wrong grounds. Surely a stance in favour of gay marriage is a political belief, and the cake message expressed it?


No I personally don't, because it was due to the message on the cake that it was refused, not because of the customer's personal support for gay marriage. Refusing to serve gay-marriage supporters at all would be discrimination due to political opinion, in my view. But that isn't what happened.
Original post by Chief Wiggum
So I'd argue that they didn't discriminate on political beliefs either.


They did if, in NI, they stopped the buyer from expressing that belief through the cake message when they didn't stop other political beliefs from being expressed (which is clearly the case).
Original post by Good bloke
I agree that the evidence supports the idea that this is not anti-homosexual discrimination, and that the judge got that wrong. However, do you agree that the judgement might be right (in NI, where discrimination on the grounds of political belief is illegal), but on the wrong grounds. Surely a stance in favour of gay marriage is a political belief, and the cake message expressed it?


I wouldn't agree, because the bakery still did not refuse to make the cake because of the nature of the customer or his beliefs, but because of the nature of the cake.
Original post by TurboCretin
I wouldn't agree, because the bakery still did not refuse to make the cake because of the nature of the customer or his beliefs, but because of the nature of the cake.


Surely it is at least indirect discrimination, as they wouldn't have stopped someone with an anti-gay marriage message request from buying the equivalent cake.
Original post by Good bloke
They did if, in NI, they stopped the buyer from expressing that belief through the cake message when they didn't stop other political beliefs from being expressed (which is clearly the case).


But someone who opposes gay marriage could theoretically ask for a "support gay marriage" cake. They wouldn't get one made either.

Equally, someone who supports gay marriage could get served a plain cake. So I don't personally think that is discrimination due to political opinion. I can see why some people would think it is though.

It isn't illegal to oppose gay marriage, it's illegal for the shop to treat someone differently due to their support for gay marriage. As nobody would get that cake made, regardless of their support for gay marriage or lack thereof, I don't think it was discrimination.
Original post by JohnTheBaptist
Incorrect. Assuming it is a limited company, as a matter of law, the directors are considered the 'controlling minds'. If it is a partnership, they are not a separate entity.

Businesses do have political opinions. A company is just a medium/legal construct through which people come together. Nothing more/less.


I'm sorry but while you may be correct that does not apply to this case. At the time of the case the policy in the terms and conditions of service for the company were such that there were no grounds to refuse the service. The business itself is not a religious organization and as such does not fall under the protection of the exemptions provided in law.

As directors they may be the 'controlling minds' but that does not allow them to change their policies in a discriminatory fashion that is contrary to law. That is exactly what was being challenged in the case - that they had changed their terms and conditions to exclude that which they personally objected to just for this instance.
Reply 190
Original post by TurboCretin
Jesus Christ. Some of my closest friends are gay. I support gay marriage. None of that is relevant.

I am not asking you to take me seriously as an authority. I don't just have 'an opinion' based on nothing but feels. I have legal qualifications, I have read the law on this and I think the judge got it wrong. But well done on refusing to engage with anything I have said other than my conclusion.


Yes it is relevant you are supporting peoples right to deny me and my opinions equal treatment

Do you friends know you support discrimination against them?

Yes you think they are wrong I don't I don;t think people should be discriminated against for supporting gay marriage you do so no I will not engage as I believe you are fundamentally WRONG.
Original post by TurboCretin

The Gypsy example shows you don't understand the argument here. This case is not like trying to enter a club and being refused based on ethnic grounds. This is like entering a club and demanding an Old Fashioned at the bar when they're not on the menu.

Again, they didn't deny him service. They entered talks about what kind of cake he wanted and only refused to make the cake when he later returned with the image he wanted on it. This suggests that they were quite prepared to serve him, and that it was the particular cake he wanted that they took issue with.


This is not quite an accurate description of what happened. Or a proper example. A more appropriate example is entering a club that offers customizable drinks, ordering one and being refused.

They did deny him service. They had 'entered talks' and the talks were concluded with the bakery accepting his order. They then later refused to make the order (even though apparently at the time of accepting they knew they wouldn't make it).
They chose to go to that cake shop, knowing that the owners were religious. It just sounds like they were looking for trouble.
Original post by PopaPork
Yes it is relevant you are supporting peoples right to deny me and my opinions equal treatment


He isn't supporting anything, and neither am I. We are simply analysing a legal decision and commenting on whether we think it matches the law it was based on. That is all.

In the same way we might analyse whether a murder conviction was justified, without intending to support murderers in their attempt to escape justice.
Original post by Chief Wiggum
But someone who opposes gay marriage could theoretically ask for a "support gay marriage" cake. They wouldn't get one made either.

Equally, someone who supports gay marriage could get served a plain cake. So I don't personally think that is discrimination due to political opinion. I can see why some people would think it is though.

It isn't illegal to oppose gay marriage, it's illegal for the shop to treat someone differently due to their support for gay marriage. As nobody would get that cake made, regardless of their support for gay marriage or lack thereof, I don't think it was discrimination.


But that is not the issue. The issue is that in NI businesses do not have the right to refuse service on the basis of political opinion. The cake, expressing a political opinion they disagree with cannot be grounds for their refusal otherwise they are in fact discriminating against that person on the basis of political opinion.
Original post by bassbabe
They chose to go to that cake shop, knowing that the owners were religious. It just sounds like they were looking for trouble.


As I understand it they were looking for an opportunity for a test case (but I may be wrong). There is nothing wrong with that.
Original post by PopaPork
But this is what you are arguing for you are saying the rights of the baker are more important than the rights of the customer.

Sadly there are to many bigots for this to work fairly


.....and you are saying the same but the other way around.

You claim that the rights of the customer are more important than the rights of the baker?

It can only work fairly if each individual is able to stick to their own set of morals (without causing any physical harm to anyone) and everyone goes their own way and gets on with life.

The gay couple find a baker who is happy and willing to make their cake and have no objection to it and the bakers in question do the same - does this make sense?
Original post by chazwomaq
So what in Brownlie's judgement would allow a bakery to refuse to make it?


That would be a good question for Judge Brownlie.



Original post by capitalismstinks
...so the declarations in the human rights act are meaningless....


Not if they take the case to appeal and even to the court of Human Rights.

I doubt they would be found meaningless there.




Original post by thesabbath
...to use a favourite "argument" of the homosexual lobby, as to why they should not be judged for their behaviour, this reaction is natural.


lol you're a hoot :smile:
Original post by albanach
As the judge said "It was a contract for a commercial business to bake and ice a cake.....the plaintiff was not seeking support nor endorsement."


However it was the defendant's argument that they felt they would be providing support and endorsement of the message by agreeing to undertake the contract.
Reply 199
Original post by Good bloke
He isn't supporting anything, and neither am I. We are simply analysing a legal decision and commenting on whether we think it matches the law it was based on. That is all.

In the same way we might analyse whether a murder conviction was justified, without intending to support murderers in their attempt to escape justice.


I suppose it the words ;they got it wrong' which implies they were right to discriminate against this person (if the ruling went the other way they would have 'got it right') that gets me.

And as I've been on the end of this I have empathy with the victim here so yes perhaps I am unable to 'discuss;' this.

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