Christian bakery owner who won’t make cake for gay marriage refuses to back down insisting he should be allowed to run his business in line with his beliefs

QueerSpace pressure group approached Belfast bakery chain and ordered a cake decorated with the words ‘support gay marriage’

The order from activist Gareth Lee was accepted by shop employees



Ashers Baking Company later decided message was against their beliefs

The bakers now face a legal claim after a formal complaint was lodged

But owner Daniel McArthur says he will not back down and bake the cake



It is likely to be first legal case in which anyone has been told it is against the law to refuse to take part in gay rights publicity campaigns

A Christian bakery owner who refused to make a cake with a slogan supporting gay marriage insists he will not back down, even if he is taken to court.

Ashers Baking Company - based in Northern Ireland and named after a verse in the Bible - has been warned by the Equality Commission that the law does not allow them to turn down an order to bake the cake.



But general manager Daniel McArthur said his company would not be baking the cake under any circumstances, insisting that Christians should be able to apply their beliefs to the day-to-day running of their businesses.



Ashers bakers, in Belfast, who refused to bake a gay rights cake are to be taken to court by the state equality watchdog

In the past the courts have said it is wrong for Christians to refuse to serve gay people on grounds of their sexuality.

Judges have also said it is right for Christians to be fired from their jobs for refusing to take part in same-sex civil partnership ceremonies or for saying they would not give sex therapy to same-sex couples.

But the challenge to the Christian-run Ashers Baking Company is the first likely legal case in which anyone has been told it is against the law to refuse to take part in gay rights publicity campaigns.

Despite the threat of legal action, the business' owner insists he will not go against his beliefs.



Mr McArthur said: 'I would like the outcome of this to be that any Christians running a business could be allowed to follow their Christian beliefs and principles in the day-to-day running of the business and that they are allowed to make decisions based on that.'

The new clash between gay rights and Christian convictions began in May when an activist from the QueerSpace pressure group approached the Belfast bakery chain and ordered a cake decorated with the words ‘support gay marriage’.

The design also included the organisation’s name and two characters from Sesame Street.

The order from the activist, Gareth Lee, was accepted by shop staff.

However, the owners of the family-run company, Colin and Karen McArthur, and their son Daniel, who is manager, decided the message on the cake was contrary to their beliefs.

Mrs McArthur phoned Mr Lee to tell him the firm would not bake the cake, and to offer a refund.

The bakers have in the past refused to produce cakes showing sexual images or featuring bad language.

The new clash between gay rights and Christian convictions began in May when an activist from the QueerSpace pressure group approached the Belfast bakery chain and ordered a cake decorated with the words 'support gay marriage'

Mr Lee complained to the Equality Commission’s Northern Ireland branch, which warned the bakers that they now face a legal claim.

A letter from the Commission said: ‘We have advised Mr Lee that you have acted unlawfully and contrary to Regulation Five of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 which prohibits discrimination in the provision of goods, facilities and services to a person seeking or obtaining to use those goods, facilities or services on the grounds of sexual orientation.’

It said county court proceedings would start within seven days of the letter.

The threat follows attempts by public sector organisations to compel staff to accept gay rights policies.

In one case, that of Adrian Smith, demoted by Trafford Housing Trust for a message on his private Facebook page calling same-sex marriage ‘an equality too far’, the Trust was told by the High Court to back down and Mr Smith’s right to free speech was vindicated. However, Mr Smith won only £100 compensation.

The Sexual Orientation Regulations, pushed through by Tony Blair despite a rebellion by Labour Cabinet members who thought they threatened free expression, have always been taken to mean that businesses may not refuse to serve gay customers. In this case, Mr Lee was turned down not because of his sexual orientation but because of the provocative nature of the cake he wanted baked.

The bakery is now to be backed in court by the Christian Institute pressure group. The Institute lent support to Peter and Hazelmary Bull, the Cornwall hoteliers who lost a legal battle after they refused a room to a gay couple on the grounds that they were not married.

The Supreme Court judge who made the final decision in the case, Lady Hale, has now said she believes the judgement against the Bulls was too harsh and that the law should allow Christians a ‘conscience clause.’

Mr Lee complained to the Equality Commission's Northern Ireland branch, which warned the bakers that they now face a legal claim

Christian Institute chief Colin Hart said: ‘The Government repeatedly failed to listen to members of the public, lawyers, constitutional experts, even its own MPs when they called for safeguards to protect those who back traditional marriage, especially those who work in the public sector.

‘Now this nonsense, more usually associated with the public sector, is being applied to the private sector. This means millions of ordinary people who do not agree with gay marriage face intimidation and the real threat of legal action from the forces of political correctness if they, out of conscience, decline to provide good or services to campaign groups they do not agree with or support.

‘It establishes a dangerous precedent about the power of the state over an individual, or business to force them to go against their deeply held beliefs.’

Mr Hart added: ‘The Government must take urgent action to address this injustice by introducing legislation that would introduce reasonable accommodation to protect those who for religious or philosophical reasons believe that marriage is the lifelong union of one man to one woman.’