Ashers Bakery
A Northern Ireland Court has held that a gay customer's rights to access goods and services, is more protected than the service provider's religious belief. The bakery had been sued following the manager's decision to cancel an order for a cake, with an image and slogan in support of gay marriage. The customer, whose case was backed by the Equality Commission for Northern Ireland, complained that the bakery should not be permitted to refuse service on the grounds of sexual orientation. The bakery argued that it was not discriminating against the customer because of their sexuality but because of the message on the cake.
The Court found that two directors of the bakery were guilty of direct discrimination, for which there could be no justification. The judge confirmed that as the bakery was a purely commercial venture, the directors were not permitted to rely on the statutory exemption for organisations in relation to religious belief, highlighting that there was no reference to furthering religious values within the bakery's Memorandum and Articles of Association.
In Practice
This case has been widely reported and follows on from Bull and another v Hall and another, in which Christian bed & breakfast owners were held to have discriminated against a gay couple for not allowing them to share a bed, because they were not married. Paul Burton Employment Associate says, "Although strictly not an employment case, the outcome is relevant as it demonstrates that the courts and tribunals are maintaining a stance that confirms the rights of one protected characteristic trumps another, i.e. sexual orientation over religious belief."
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.
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