Article
Sexual orientation, equal treatment and the right to manifest religion: Lee v McArthur
Kings Law Journal
(2017)
Abstract
This note outlines the recent decisions of the Northern Ireland courts in what has become known as the ‘gay cake’ case. The county court ruled that the bakery (Ashers) and its directors had discriminated against Mr. Lee on the grounds of sexual orientation (under the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006) and on the grounds of political opinion and/or religious belief (under the Fair Employment and Treatment (Northern Ireland) Order 1998). The court further held that any limit on the manifestation of the defendant’s religious beliefs was necessary in a democratic society and a proportionate means of achieving a legitimate aim, i.e. the protection of the rights and freedoms of Mr. Lee. This decision has recently been upheld by the Court of Appeal which also rejected an argument advanced by the Attorney General that the equality provisions were incompatible with the Northern Ireland Constitution Act 1973 and the Northern Ireland Act 1998.[1]
[1]Lee v McArthur, 2016 NICA 39.
Keywords
- Equality,
- sexual orientation,
- service,
- right to manifest religion
Disciplines
Publication Date
December, 2017
Citation Information
Mel Cousins. "Sexual orientation, equal treatment and the right to manifest religion: Lee v McArthur" Kings Law Journal Vol. 28 Iss. 3 (2017) p. 1 - 20 Available at: http://works.bepress.com/mel_cousins/90/