Close family friends of Christian bakers involved in discrimination proceedings after they refused support gay marriage cakes, has stated that the two are now’relieved & happy’ to have ended the seven year-long ‘ordeal.
Simon Calvert, Deputy Director for Public Affairs at The Christian Institute and friend of bakers Daniel and Amy McArthur, exclusively told the MailOnline: ‘They’re happy at the result, relieved and happy for us to deal with the media on their behalf.
“The European Court has clarified that this inadmissibility decision was made by the Court of Justice.” [of the case]The final decision is made, and that means the end of this road.
“The family has had this hanging over their heads for years.” [close to eight]They’ve been faithful to Christ for years and have taken refuge in it.
They were private people and this was not an easy task for them. But they understood that it wasn’t their fault.
“They understood that they didn’t do anything illegal and were vindicated in the UK Supreme Court. Today, they are vindicated with the Strasbourg decision.”
The Northern Ireland Equality Commission faces ‘serious questions’ after it spent £251,000 of public money backing a gay activist who brought legal action against Christian bakers, the region’s First Minister said – as he claimed the case ‘should never have been brought to court in the first place’.
The high-profile controversy began when Gareth Lee, a member of the LGBT advocacy group QueerSpace, ordered a £36.50 cake from the Ashers bakery in Belfast, run by Daniel and Amy McArthur, in May 2014.
The couple refused to fulfil the order because they disagreed with the slogan – ‘Support Gay Marriage’ – which was supposed to be drawn in icing on the dessert item, which also featured Sesame Street puppets Bert and Ernie.
This sparked a seven-year-old legal battle which cost The Equality Commission of Northern Ireland £251,000 of public money backing Mr Lee, while the Christian Institute covered £250,000 of legal costs for Ashers Baking Company, which takes its name from an Old Testament figure.
But in what appears to be a finishing blow for Mr Lee’s case, the European court in Strasbourg threw out his complaint today, ruling that he should have brought up the alleged violation of the human rights convention in British courts – which he failed to do.
Northern Ireland’s First Minister Paul Givan said the case raises ‘serious questions’ for Northern Ireland’s Equality Commission, which backed Gareth Lee in his court actions.
Givan declared: “I’m glad that the European Court of Human Rights ruled that this was inadmissible.” This confirms the UK Supreme Court’s decision, which stated that the matter should not have been tried in court.
Phoenix Law represented Mr Lee on a pro bono basis. This meant that they didn’t charge legal fees due to ‘the importance and public interest level,’ Ciaran Moynagh, Ciaran’s lawyer, told MailOnline. [for the ECHR case].’
Additionally, Lee stated that he may not have the ability to review his case before British courts. However, his legal team and he would support any similar situation.
He added that instead of going to a County Court for goods, facilities and services on premises, the case would be taken to the High Court for a Human Rights Challenge because legislation must be tested.
The ECHR handles cases for free, but the claimants still have to pay their costs like lawyers’ fees – unless they are represented pro bono – and research expenses.
Pictured in 2018: Ashers bakery owners, Daniel McArthur (left) and Amy McArthur (right). Simon Calvert (Deputy Director for Public Relations at The Christian Institute) exclusively stated to MailOnline that the McArthurs were happy with the outcome. They didn’t do anything wrong.
Belfast’s bakers were unable to create a cake with the words “Support Gay Marriage” (pictured: Another bakery made a similar cake).
Calvert told the MailOnline: ‘There’s no way Mr Lee’s lawyers can attempt to relitigate events from years ago and I think most people would like to think that the McArthur’s can now just get on with their lives.
“I would like to state that I don’t have any doubts that the ordeal has been difficult for Mr Lee. This is something I’ve stated before and it will be repeated again.
“But, if I could have a cup of coffee with Mr Lee I would say that this ruling does not endorse discrimination against homosexual people.
“The idea that UK Supreme Court might be considered a sanctuary for homophobia is absurd.”
“No. This ruling is in the best interest of everyone. Christians, homosexuals, and all people benefit from the freedom to speak.
“Lots and lots of people will be happy that the McArthur family is still able to appeal to the UK Supreme Court.
‘I mean, it’s amazing that anyone would have wanted to reverse a ruling that protects everybody’s speech. Because the Supreme Court ruling protects gay bakers from being forced into printing cakes declaring that gay marriage is an evil, just like it protects Christian bakers against having to support homosexual marriage.
“The Supreme Court decision protects all free speech.
“It’s been a long ordeal for all involved. I think most people will just glad that we finally can draw a line and have reached a settlement with the courts that benefits everyone on both sides.
Lorcan Price (legal counsel to faith-based advocacy group ADF International) stated that the UK Supreme Court had rightly protected religion rights of service providers’.
His group said in a statement: ‘With the support of the tax-payer funded Equality Commission of Northern Ireland, Gareth Lee, who had ordered the cake, sued the bakery for discrimination, with UK charity, the Christian Institute, supporting the McArthur family. In October 2018, the UK Supreme Court unanimously ruled that the bakery had acted in law.
The Ashers Bakery issue, they said, “Reflects wider concerns citizens face across Europe when anti-discrimination legislation is misapplied to stop them living their faith through their professional and business lives.”
Although the commission supported Mr Lee in Britain’s claim, it said that they had no remit to help Mr Lee submit his request to the ECHR.
He had referred the case to the ECHR, claiming appropriate weight was not given to him under the European Convention of Human Rights, after the UK Supreme Court ruled in favour of the Christian bakers in 2018.
The row began in 2014. However, the same-sex marriage law in Northern Ireland wasn’t in place at that time. It was only recognized by government officials in January 2020.
Today’s ECHR ruling was welcomed by the Christian Institute, which said it was a ‘good news for freedom of speech and good news for Christians.
Simon Calvert, spokesman, said that it was surprising anyone would try to reverse a ruling protecting gay business owners against being forced to endorse views they do not share.
MailOnline received a statement from the Northern Ireland Equality Commission stating that they provide support and assistance to anyone who feels discriminated against under Northern Ireland’s equality laws. This includes helping to bring a legal case before a court or tribunal.
This is our official statutory responsibility as an independent public entity with a vital role in the implementation of Northern Ireland’s equality laws.
The Commission rejected Mr Lee’s request to the European Court of Human Rights. However, the Commission had supported Mr Lee’s discrimination case before the domestic courts according to our mandate.
“The Belfast County Court, Northern Ireland Court of Appeal and Mr Lee were found to have been discriminated against based on sexual orientation, political opinions and religious beliefs. These findings were overturned by the Supreme Court in 2018.
Paul Givan (Northern Ireland’s First Minister), pictured December. He stated that the case regarding the “gay cakes” case should not have been taken to court.
‘In support of Mr Lee’s discrimination case against Ashers Baking Company Ltd in the domestic courts, the Commission’s legal expenditure amounted to £250,603.86 over the four financial years.’
However, Lee spoke after the ruling and said he hoped for a better outcome in his challenge of the ECHR. Lee also stated that he felt most frustrated by the fact that core issues didn’t get properly analysed, or that they were not resolved on the basis of a technicality.
Ciaran Mynagh from Phoenix Law represented Mr Lee and said that the team would look into whether they could bring another challenge to domestic law.
The Committee on the Administration of Justice, a Belfast-based human rights organization, said that the ECHR was unable to address the matter ‘on a technicality. This was a missed chance to clarify the law. Printing leaflets and setting up websites is one example of the services that we offer.
And John O’Doherty, director of LGBTQ support group the Rainbow Project, said the ECHR ruling may bring the case to a close, but ‘there remains a number of questions around what protections exist for LGBTQIA+ people when accessing goods, facilities and services following the Supreme Court decision in October 2018.’
He said that he hoped for a different result in his challenge against the ECHR about the ‘gay-cake’ case.
He stated that everyone has the right to express themselves and this must be true for lesbians, gays, bisexuals, and transgender people.
“The message printed on the cake was my own and I hired a printing company to do it.
“My message supported the campaign to end homosexual marriage. I was delighted.
“I’m most disappointed that the core issues didn’t get properly analysed or adjudged upon due to a technicality.
“None should expect to need to understand the beliefs of company owners before entering their shops or paying their fees.
“This case highlighted the difficulties faced by LGBT+ people in Northern Ireland.
“I will continue supporting all laws that provide equal protection and rights for all.”
According to the ECHR decision, “Convention arguments must either be presented explicitly or in their substance before the domestic authorities.” The domestic proceedings did not include any reference to the Convention rights by the applicant.
The applicant relied solely upon domestic law and deprived domestic courts of any opportunity to resolve Convention issues. Instead of asking the court for the right to usurp domestic courts’ role,
“Because the applicant had not exhausted domestic remedies, his application was inadmissible.”
Andrew Muir Councillor was seen cutting a cake replacement at an event on gay rights in 2014.
2018: The UK Supreme Court ruled Gareth Lee, a Northern Ireland gay rights activist, was not discriminated against
The cake was decorated with Bert and Ernie Sesame Street puppets.
After accepting the order, he made full payment. Two days later, however the Christian owners called to tell him it was not possible to proceed because of the requested message.
Mr Lee, a member of the LGBT advocacy group QueerSpace, launched the legal case, supported by Northern Ireland’s Equality Commission, alleging discrimination on the grounds of his sexuality.
The case was fought in several courts, eventually in 2018 reaching the UK Supreme Court, which ruled that Mr Lee was not discriminated against when Ashers bakery refused to make him a cake with the slogan supporting gay marriage.
Lee then referred his case to the ECHR, claiming the Supreme Court had failed to accord him sufficient weight in the European Convention of Human Rights.
But the ECHR in Strasbourg today ruled that the case was ‘inadmissible’, finding that Mr Lee had failed to ‘exhaust domestic remedies’ in the case, and he had not ‘invoked his Convention rights at any point in the domestic proceedings’.
He had won prior hearings at both the Northern Ireland Court of Appeal, County Court and Mr Lee’s home in 2015. In 2016, the Ashers family, supported by the Christian Institute, challenged these rulings at The Supreme Court.
Five justices unanimously decided that the bakers had not discriminated against customers in 2018. Lady Hale (the Supreme Court president at the time) stated that bakers didn’t refuse to fulfill the order due to the customer’s sexual orientation but rather because they disagreed with ‘the message on a cake’.
Lee then referred his case to the ECHR, claiming the Supreme Court had failed to accord him sufficient weight in the European Convention of Human Rights.
The UK’s top court dismissed his claim that he had breached his statutory duty to supply services. He claimed his rights were violated.
The high-profile controversy first flared when Mr Lee, a member of the LGBT advocacy group QueerSpace, ordered a £36.50 cake from the Ashers bakery, run by Daniel and Amy McArthur, in May 2014
The UK Supreme Court’s former president Lady Hale stated in a past hearing that McArthur’s family holds the belief that “the only marriage compatible with the Bible and acceptable before God” is between a man (or woman) and a couple.
She stated that Mr Lee had claimed sexual discrimination and the bakers were not able to refuse to fulfill his orders because of Lee’s sexual orientation.
“They wouldn’t make such cakes for anyone, regardless of sexual orientation.
“Their objection was to what was on the cake and not the characteristics of Mr Lee, or anyone with whom he was affiliated.
Lee claimed that Lee felt second-class because he refused to make the cake.
McArthurs claimed they refused to turn down an order for this cake because the recipient was not qualified, but due to the request on the cakes.
The Christian Institute embraced the ECHR ruling and said it was the right result.
Simon Calvert, a spokesperson for the UK Supreme Court stated that the court had engaged in extensive discussions with human rights advocates and upheld McArthurs’ right to freedom of speech and religion.
“It was sad to witness another attempt at destroying those rights. So it’s a relief that the effort has ended.
“It is surprising that anyone would try to reverse a ruling protecting gay business owners against being forced to endorse views they do not share as well as Christian business owners.
Lawyers, commentators, and freedom of speech specialists from every part of the spectrum welcomed the October 2018 decision by five of the most respected and experienced judges in the country.
They all understood the potential implications of Ashers’ decision on freedom of religion and speech.
Gareth Lee is a gay rights activist. He leaves Laganside, Northern Ireland court on Thursday March 26, 2015.
“This is good news about free speech, good news Christians and good news McArthurs.
The Committee on the Administration of Justice, a Belfast-based human rights organization, described the ECHR decision in the gay cakes’ case by the ECHR as a ’missed chance.
Daniel Holder (Deputy Director of the CAJ) stated that “The European Court of Human Rights has not been in a position to address this issue on technicality. It is a missed chance for them to clarify their case law regarding sexual orientation and discrimination within the private sector.
“We think this creates an uncertainty that would make it difficult for individuals or organizations across Europe to campaign on gay rights. A commercial business might refuse to print posters, leaflets, set up websites etc., by claiming exemption from non-discrimination laws based on “it’s not YOU, it’s YOUR message”.
Mr Lee’s lawyer Mr Moynagh said: ‘Mr Lee brought the appropriate and only application available to him and dealt with all arguments that arose in the course of appeals.
“We know that Mr Lee was able to use his convention rights during litigation.
“Given the European Court’s position, we will consider whether or not a new domestic case should be filed.
‘The substantive questions raised by my client in the ECHR application remain unaddressed. This is a wasted opportunity.
‘Today’s decision signifies that there is still uncertainty about how rights of individuals can be protected in NI law.
“Owners in limited companies enjoy the financial freedom to seperate themselves from their businesses.
“We remain to believe they should keep their political or religious views separated.”