October 10, 2018

THE RIGHT NOT TO SPEAK:

UK supreme court backs bakery that refused to make gay wedding cake (Owen Bowcott, 10 Oct 2018, The Guardian)

The five justices on the supreme court - Lady Hale, Lord Mance, Lord Kerr, Lord Hodge and Lady Black - found the bakery did not refuse to fulfil Lee's order because of his sexual orientation and therefore there was no discrimination on those grounds. The business relationship between Lee and Ashers did not involve people being refused jobs or services because of their religious faith, the judges added.

"It is deeply humiliating, and an affront to human dignity, to deny someone a service because of that person's race, gender, disability, sexual orientation or any of the other protected personal characteristics," Hale said in the judgment.

"But that is not what happened in this case and it does the project of equal treatment no favours to seek to extend it beyond its proper scope."

Freedom of expression, as guaranteed by article 10 of the European convention on human rights, includes the right "not to express an opinion which one does not hold", Hale added. "This court has held that nobody should be forced to have or express a political opinion in which he does not believe," she said.

"The bakers could not refuse to supply their goods to Mr Lee because he was a gay man or supported gay marriage, but that is quite different from obliging them to supply a cake iced with a message with which they profoundly disagreed."



Posted by at October 10, 2018 4:14 AM

  

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