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LGBT activist refused 'gay rights cake' by bakery has discrimination case thrown out
06.01.2022 - 20:57 / dailyrecord.co.uk
An LGBT campaigner who challenged a bakery of their refusal to create a “support gay marriage” cake has lost his appeal at court.
The case against Ashers Bakery was thrown out by the European Court of Human Rights (ECHR) based in France, after a legal dispute which has lasted over six years.
The court ruled against the gay rights activist Gareth Lee, describing his application as “inadmissible”, a statement released this morning said.
Additionally, it pointed to the fact that Mr Lee didn’t “exhaust domestic remedies” in his case.
In 2018, the UK Supreme Court ruled that Mr Lee was not discriminated against when Ashers bakery in Belfast refused to make him a cake with the slogan supporting gay marriage.
Mr Lee then referred the case to the ECHR, claiming that the Supreme Court failed to give appropriate weight to him under the European Convention of Human Rights.
Lawyers for Gareth Lee argued that “his rights were interfered with by a public authority – the Supreme Court – by its decision to dismiss his claim for breach of statutory duty to provide services, and that the interference was not proportionate”.
The case was taken against the UK as a member state of the European Court. The bakery, and the McArthur family who own and run it, were not parties to the action.
However, both they and The Christian Institute, who supported Ashers Bakery throughout the case, were given permission to present submissions to ECHR, which accepted the substance of those submissions.
The high-profile controversy first flared when Mr Lee, a member of the LGBT advocacy group QueerSpace, ordered a £36.50 cake in May 2014.
The cake featured Sesame Street puppets Bert and Ernie and was for a private function marking International Day Against
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