Legal challenge to the ‘gay cake’ rejected by the European Court of Human Rights

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A man has lost a seven-year legal battle against the Christian owners of a Belfast bakery who refused to make a cake with the slogan “support gay marriage” after the European Court of Human Rights ruled inadmissible his claim.

The European Court of Human Rights said Gareth Lee had failed to “exhaust domestic remedies” in the long-running so-called “gay cake” case.

In 2018, the UK High Court ruled that Mr Lee was not discriminated against when Ashers Bakery refused to make a cake with a slogan supporting same-sex marriage.

Mr. Lee then referred the case to the European Court of Human Rights, claiming that the Supreme Court had failed to give it appropriate weight under the European Convention on Human Rights.

But the court said in its ruling: “The arguments of the Convention must be raised explicitly or substantively before the local authorities.”

She added, “The plaintiff did not invoke his rights under the agreement at any time in the domestic proceedings.

Relying solely on local law, the plaintiff denied the local courts the opportunity to address any issues raised in the agreement, and instead asks the court to usurp the role of the local courts.

“Because he has not exhausted domestic remedies, the request was inadmissible.”

The high-profile controversy first erupted when Mr Lee, a member of gay advocacy group QueerSpace, ordered a £36.50 cake from Ashers in May 2014 featuring Sesame Street dolls Burt and Ernie at a special party marking the International Day Against Homophobia.

(Coursespace Belfast)

His order was accepted and the price was paid in full, but two days later the Christian owners called the company to say it could not go forward because of the requested letter.

Mr Lee then opened the legal case, with the support of the Northern Ireland Equality Commission, claiming discrimination on the basis of his sexual orientation, winning hearings in the District Court and Northern Ireland Court of Appeal in 2015 and 2016.

But owners Ashers, Daniel and Amy McArthur — with Christian Institute backing — challenged those rulings in the Supreme Court, and in 2018, five justices ruled unanimously that they did not discriminate against the client.

Mr. Lee said he had hoped for a different outcome in his challenge to the European Court of Human Rights.

He said, “Everyone has freedom of expression and it should apply equally to lesbian, gay, bisexual and transgender persons.

“The message on the cake was mine and I paid a letter-on-cake company to print my message.

“My letter supported the campaign for same-sex marriage which was ultimately successful and I am happy with that.

“I am very disappointed that the core issues were not fairly analyzed and decided due to a technical aspect.

“None of us should be expected to have to know the beliefs of the company’s owners before going to their store or paying for their services.”

Additional coverage by the Press Agency

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