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06 December 2018 / Dr Michael Arnheim
Issue: 7820 / Categories: Features , Discrimination
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The gay wedding cake saga

Michael Arnheim looks at false analogies & illogicalities in the ‘gay wedding cake’ decisions

  • Reviews the high-profile ‘gay marriage cake’ case.
  • Highlights false analogies and illogicality in the chain of decisions.
  • Concludes the Supreme Court made the right decision.

Are bakers legally obliged to make a cake bearing a slogan to which they have a fundamental religious objection? Whatever the bakers’ religion may be, it surely cannot be right to force them to promote a belief with which they fundamentally disagree. Nor should it matter what the objectionable slogan is. Otherwise the right to freedom of religion and the right to freedom of expression enshrined in the European Convention on Human Rights (ECHR) have no meaning. Yet, this is precisely the situation in which a Christian couple who owned a bakery in Belfast found themselves—until the matter came before the UK Supreme Court (UKSC).

Material facts

Colin and Karen McArthur (pictured), the proprietors of Ashers Baking Company in Belfast, were approached by Gareth Lee, a gay man, and asked to bake a cake iced with a slogan reading ‘Support Gay

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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