Lee (Respondent) v Ashers Baking Company Ltd and others (Appellants) (Northern Ireland) & Others

[2018] UKSC 49

UKSC 2017/0020
Lee (Respondent) v Ashers Baking Company Ltd and others (Appellants) (Northern Ireland)
UKSC 2017/0026
Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998
UKSC 2017/0066
Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 (No 2)
On appeal from the Court of Appeal Civil Division (Northern Ireland)

The Respondent is a gay man associated with an organisation called QueerSpace, a volunteer organisation for the lesbian, gay, bisexual and transgender community in Northern Ireland. There had been political debate in Northern Ireland regarding the introduction of legislation enabling same-sex marriage. The Respondent placed an order for a cake with the First Respondent (a bakery) with the QueerSpace logo and the words "Support Gay Marriage" printed on it. The Third Appellant after discussion with her husband, the Second Appellant, telephoned the Respondent and told him the order could not be fulfilled as the bakery was a "Christian business" and she should not have accepted the order. He was given a refund and was able to secure a similar cake from another outlet in time for the event it was intended for. He brought a discrimination claim against the Appellants which succeeded in both the County Court and Northern Ireland Court of Appeal.
The issues are:
Whether the Appellants directly discriminated against a customer, the Respondent, on the grounds of sexual orientation, contrary to the Equality Act (Sexual Orientation) Regulations (NI) 2006 ("the 2006 Regulations"), and religious and political belief, contrary to the Fair Employment and treatment (NI) Order 1998 (the "1998 Order"), by refusing to make a cake decorated with the words "Support Gay Marriage".
Whether the relevant provisions of the 2006 Regulations and 1998 Order breached the Appellants’ rights under Article 9 and/or 10 of the European Convention on Human Rights (the "Convention), separately or together with Article 14 of the Convention.
The Supreme Court unanimously holds that it has jurisdiction to hear an appeal against all aspects of the Court of Appeal’s judgment, finding that the Court of Appeal erred in refusing to make a reference pursuant to the Attorney General’s notice under paragraph 33.
It grants the appellants permission to appeal and allows their appeal.

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