'Gay cake' legal challenge to begin

Written By Unknown on Kamis, 06 November 2014 | 15.36

5 November 2014 Last updated at 23:37

A watchdog has confirmed it is taking legal action against a Christian-run bakery firm over its refusal to bake a cake with a pro-gay marriage slogan.

The Equality Commission wrote to Ashers Baking Company earlier this year, after it declined a customer's order.

The commission supported the customer's claim for compensation, but lawyers for the County Antrim firm do not accept the bakery owners acted unlawfully.

In a statement, the Equality Commission said it is to begin civil proceedings.

The row hit the headlines in July, when the baking company revealed it was facing possible legal action over its decision to decline the customer's request.

The cake had been ordered in Belfast by a gay activist two months earlier, for a civic event in Bangor, County Down, marking International Day Against Homophobia and Transphobia.

Ashers Baking Company said it had declined the request because it was "at odds" with its Christian beliefs.

At the time, the firm's 24-year-old general manager, Daniel McArthur, said marriage in Northern Ireland "still is defined as being a union between one man and one woman" and said his company was taking "a stand".

In a video posted on social media Mr McArthur, said: "We feel that the Equality Commission are pursuing us because of our belief that marriage is between a man and a woman."

The commission said it would have preferred not to start legal action.

In recent correspondence with the firm, the Equality Commission warned Ashers Baking Company that it could face a sexual orientation discrimination court case.

In a new letter sent to the bakery last week, the watchdog said that unless the firm acknowledged there had been a breach in the equality laws and offered recompense, it would start legal proceedings.

The commission said its correspondence with the company "made clear that the claimant will be seeking only modest damages for the upset and inconvenience caused".

However, the letter warned the firm that "failing this, a civil bill will be issued".

In a statement on Wednesday, the commission said it had now received a reply from the bakery's firms solicitors "stating that their view remains unchanged, that their clients have not acted unlawfully".

The watchdog said it "would prefer not to have to litigate" but added the case "raises issues of public importance regarding the extent to which suppliers of goods and services can refuse service on grounds of sexual orientation, religious belief and political opinion".

The commission added that any decision as to whether or not discrimination has occurred would be "a matter for the court".

In a statement posted on the Christian Institute's website, the bakery firm's general manager said they were surprised the case was still being pursued.


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