Lee v McArthur & Ors [2016] NICA 39 (24 October 2016)

Lee v McArthur & Ors [2016] NICA 39 (24 October 2016)

The refusal to provide a cake with the message 'Support Gay Marriage' constituted direct discrimination on grounds of sexual orientation. The message was indissociable from the protected characteristic of sexual orientation, and the refusal was based on that association. The correct comparator was a person seeking a cake with a message supporting heterosexual marriage, who would not have been refused. The anti-discrimination provisions were a proportionate means of achieving a legitimate aim and did not require further exceptions for religious belief in the commercial sphere. There was no breach of the appellants' rights under Articles 9 or 10 ECHR that would justify reading down or...

Citation
[2016] NICA 39
Parties
Plaintiff/respondent: Gareth Lee; Defendant/appellant: Colin McArthur; Defendant/appellant: Karen McArthur; Defendant/appellant: Ashers Baking Company Limited
Jurisdiction
Northern Ireland
Judgment Date
24 October 2016
Procedural Posture
Appeal by Way of Case Stated / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Direct Discrimination, Sexual Orientation Discrimination, Religious Belief Discrimination, Political Opinion Discrimination, Provision of Goods and Services, Freedom of Religion, Freedom of Expression, Proportionality, Comparator Analysis
Equality Law Human Rights Law Discrimination Law Constitutional Law Direct Discrimination Sexual Orientation Discrimination Religious Belief Discrimination Political Opinion Discrimination +5 more

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Parties

Gareth Lee

Plaintiff/respondent

Colin McArthur

Defendant/appellant

Karen McArthur

Defendant/appellant

Ashers Baking Company Limited

Defendant/appellant

Procedural Posture

Appeal by Way of Case Stated / Court of Appeal Judgment

Legal Issues

  1. 1 Whether refusal to provide a cake with the message 'Support Gay Marriage' constituted direct discrimination on grounds of sexual orientation under the Equality Act (Sexual Orientation) Regulations (NI) 2006
  2. 2 Whether refusal constituted direct discrimination on grounds of religious or political opinion under the Fair Employment and Treatment (NI) Order 1998
  3. 3 Whether the anti-discrimination provisions should be read down or disapplied to accommodate the appellants' rights under Articles 9 and 10 ECHR

Ratio Decidendi

The refusal to provide a cake with the message 'Support Gay Marriage' constituted direct discrimination on grounds of sexual orientation. The message was indissociable from the protected characteristic of sexual orientation, and the refusal was based on that association. The correct comparator was a person seeking a cake with a message supporting heterosexual marriage, who would not have been refused. The anti-discrimination provisions were a proportionate means of achieving a legitimate aim and did not require further exceptions for religious belief in the commercial sphere. There was no breach of the appellants' rights under Articles 9 or 10 ECHR that would justify reading down or...

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The finding of direct discrimination on grounds of sexual orientation is upheld. No order for indirect discrimination is made.