Colin McArthur, Karen McArthur & Ashers Baking Company Ltd v Gareth Lee [2016]

Posted In: Case Law
  • Case Reference
    NICA 39
  • Legal Body
    NI Court of Appeal (NICA)
  • Type of Claim / Jurisdiction
Issues covered: Direct Discrimination; Sexual Orientation; Equality Act (Sexual Orientation) Regulations (NI) 2006; Fair Employment and Treatment (NI) Order 1998; Provision of Goods and Services

This was an appeal by way of case stated from the County Court, where it was held that the appellants directly discriminated against the respondent on the grounds of sexual orientation and on the grounds of religious and political belief.  

The facts are well known, but involved the respondent (a gay man) ordering a customised cake with a headline caption “Support Gay Marriage” which was refused by the appellants based on their Christian beliefs. 

Of the four questions it was asked to consider, the NI Court of Appeal only answered two. Firstly, it held that there was direct discrimination, as the logo on the cake could only apply to gay and bisexual people and therefore the

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This article is correct at 27/10/2016

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John Taggart BL

The main content of this article was provided by John Taggart BL.

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