Christian baker case has implications for conscience freedoms – legal expert

A case taken against a Christian bakery in Northern Ireland could have serious implications for freedom of conscience, a legal expert has said.

Having examined the case of Ashers Baking Company, which faces sanction for its refusal on the grounds of faith to make a cake bearing a pro-same-sex marriage message alongside a picture of the Sesame Street characters Ernie and Bert, Aidan O’Neill QC said that the case had far-reaching implications, and not only for faith communities.

By way of illustration, Mr O’Neill cited an example of a t-shirt printing company, owned and operated by a lesbian who, were the Ashers case to be upheld, would be required to print shirts describing same-sex marriage as “an abomination”. Similarly, he said, sanction would be levelled against “a Muslim printer refusing a contract requiring the printing of cartoons of the Prophet Mohammed”.

Mr O’Neill was invited by Britain’s Christian Institute to examine the case against Ashers and its consequences should the plaintiff, Gareth Lee, a gay rights advocate, succeed in gaining a judgement of discrimination against the business. Mr Lee is being supported in his case by the Equality Commission, while the Christian Institute has offered its support to Ashers in defending its stance.

Since the case became public in May of 2014, there has been much debate in Northern Ireland on the issues it raises. Members of the Storment Assembly have subsequently attempted to introduce a conscience clause into equality legislation to offer a measure of protection for companies who feel compelled to refuse business based on deeply held religious beliefs.

The Ashers case will be heard before a court in Belfast at the end of March.

The Iona Institute
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