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landmarks in the common law

Lee v Ashers Baking Company (2018)

Ian Yule outlines this controversial case

The facts of this case involved the refusal by a bakery owned and run by a Christian couple to supply a cake ordered by a gay man, Mr Lee, to take to a same-sex marriage in Northern Ireland, because he asked for it to be decorated with a depiction of the television characters Bert and Ernie and the words ‘Support Gay Marriage’. Although the order was initially accepted, the appellants later advised that they could not in good conscience produce this cake and gave him a refund.

Mr Lee brought an action against the bakery, claiming that he had been unlawfully discriminated against, contrary to the Equality Act (Sexual Orientation) Regulations (NI) 2006 (SORs) and the Fair Employment and Treatment (Northern Ireland) Order 1988 (FETO). This order made discrimination in the provision of goods, facilities or services on the grounds of religious belief or political opinion unlawful. The claim was supported by the Equality Commission for Northern Ireland.

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Human rights and judicial review procedure

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Lord Denning

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