Back in 2014, owners of a bakery based in Ireland refused to decorate a cake with multiple images/slogans supporting same-sex marriage for gay-rights activist Gareth Lee. The Equality Commission, a tax-funded organization, took the owners, the McArthurs, to county court. After the court ruled that the McArthurs had illegally discriminated against Lee, the McArthurs appealed the case to the Northern Ireland Court of Appeal. The appeals court upheld the ruling of the county court. This came as a shock to many, as Northern Ireland is known for its conservative religious views and the denial of same-sex marriage, states Religion News Service author Catherine Pepinster.
The McArthurs, feeling their religious freedom had been stolen from them, appealed once more to the Supreme Court of Great Britain. This week, the Supreme Court ruled in favor of the McArthurs. The president of the Supreme Court, Brenda Hale, spoke on the ruling, “Their objection was to the message on the cake, not to the personal characteristics of Mr. Lee. They would have refused to make such a cake for any customer, irrespective of their sexual orientation” (Pepinster 6). In other words, the court found the McArthurs’ actions to be based off their objection to create a cake that goes strongly against their religious beliefs. The McArthurs were not denying serviced to a gay-rights activist because he supported gay rights, but because they did not believe in the message that would be conveyed through the cake.
The ruling of the Supreme Court has the U.K. divided. Civil rights groups, equality organizations, and gay rights groups believe the ruling itself is an act of discrimination against a portion of the population, and opens the door for more discrimination to take place, not just against the gay population, but other minority groups throughout the U.K. While many readers would jump to the conclusion that all members of the LGBT community disagree with the Supreme Court’s ruling, this is not the case. One of the most prominent gay-rights activists in Britain, Peter Tatchell, commended the court’s decision. Tatchell described the ruling as critical to the democracy of the country. Tatchell explained, if the court ruled against the McArthurs, it would set a dangerous precedent within the county that requires businesses to always comply with the wishes of their customers, even if those wishes were to create messages that are “sexist, anti-gay or xenophobic” (Pepinster 15). Tatchell believes the ability to not create if the message conveys ideas that the business owner does not agree with is essential to a democratic government.
Battles against and within religions happen daily. The strict beliefs and ways of life of religious people tends to stir conflict with those who disagree. The consumerist and capitalist ways of society today have forced the close interaction between disagreeing groups. With this forced interaction comes inherent conflict. In the coming years and well into the future, Supreme Courts will have to dissolve these conflicts without denying the rights of freedom of religion or the civil rights of people. This is a tall order to fill, but it can be almost assured that the Supreme Court is not done with cases between religious groups and the secular community. The decisions made in the high courts will have major impact on the religious and non-religious communities and will deeply affect the rights of the people of these groups.
Works Cited
Pepinster, Catherine. “Two Cakes, Two Courts, Two Countries: Same Result for Christian Bakers.” Religion News Service, 11 Oct. 2018, religionnews.com/2018/10/11/two-cakes-two-courts-two-countries-same-result-for-christian-bakers/#disqus_thread.