How should the law navigate between competing claims by religious and
gay people?
That was the issue before the appeal court in Belfast in
the notorious “gay cake” row.
It ruled that the Christian-owned Ashers
Bakery acted unlawfully when it refused to decorate a cake with the
message: “Support gay marriage.”
The judges have decided, in
effect, that businesses cannot lawfully refuse a customer’s request to
promote a message — presumably even if it is sexist, xenophobic or
anti-gay and even if the business owners have a conscientious objection
to it.
The verdict is a setback for freedom of expression — a dangerous, authoritarian precedent.
As
well as ruling that Ashers can be legally penalised for not aiding the
promotion of same-sex marriage, it also implies that gay bakers could be
at risk of legal action if they refuse to decorate cakes with
homophobic wording.
It gives a green light to far-right extremists to
demand that businesses facilitate the promotion of their anti-immigrant
opinions.
Do we really want a Muslim printer to be legally obliged
to publish cartoons of Muhammad and a Jewish printer to be required,
under threat of legal action, to publish a book propagating Holocaust
denial?
Despite
disagreeing profoundly with Ashers’ opposition to marriage equality, in
a free society neither they nor anyone else should be compelled to
facilitate a political idea they oppose.
Ashers did not discriminate
against the customer who ordered the cake, Gareth Lee, because he was
gay. They had served him previously and would do so again. Their
objection was to the message he wanted on the cake.
Discrimination
against LGBT people is wrong and is rightly unlawful.
But in a
democratic society, people should be able to discriminate against ideas
they disagree with.
Unlike the court, I err on the side of freedom of
conscience, expression and religion.
While Christian
bed-and-breakfast owners and civil partnership registrars were wrong to
deny service to gay people, this case is different.
It is about the
refusal to facilitate an idea — namely, support for same-sex marriage.
Discrimination against people should be always unlawful but not
discrimination against ideas and opinions.