The owner of Ashers Baking Co. has spoken out against Monday's ruling, that the Christian-run bakery directly discriminated against a customer for refusing to bake a cake with a slogan supporting same-sex 'marriage'.
In a judgment handed down on Monday, Lord Chief Justice Sir Declan Morgan and two other senior judges upheld County Court Judge Isobel Brownlie’s previous ruling that the McArthur family discriminated against Gareth Lee.
Daniel McArthur said yesterday that the ruling "undermines democratic freedom. It undermines religious freedom. It undermines free speech."
Refusal to compromise Christian beliefs
Ashers Baking Co. was asked to make a cake decorated with the slogan 'support gay marriage' but declined on the basis that to do so would compromise their Christian beliefs. LGBT activist Gareth Lee, who placed the order, also wanted a picture of Sesame Street's Bert and Ernie in an embrace, and a logo of the homosexual pressure group, QueerSpace, where he acted as a volunteer.
The Equality Commission for Northern Ireland launched a civil action against the bakery.
In May 2015 Judge Isobel Brownlie ruled the bakery had discriminated against Mr Lee on grounds of sexual orientation. Ashers appealed the decision earlier this year.
'The equality law needs to change'
Throughout the legal proceedings, Daniel and Amy McArthur have said repeatedly that their refusal to bake the cake had nothing to do with discrimination.
Mr McArthur said yesterday: "We’re extremely disappointed with today’s ruling. If equality law means people can be punished for politely refusing to support other people’s causes, then equality law needs to change."
He added: "We had served Mr Lee before and would be happy to serve him again. The judges accepted that we did not know Mr Lee was gay and that was not the reason we declined the order. We have always said it was never about the customer, it was about the message. The court accepted that. But now we are being told we have to promote the message even though it’s against our conscience."
Refusal to promote political campaign
The Ashers case has raised important questions about conscientious objection and a business’s freedom as to whom it can sell its products or services to. Mr McArthur said:
"What we refused to do, was to be involved with promoting a political campaign to change marriage law.
"Because we’re Christians we support the current law. And we felt that making this cake would have made us responsible for its message.
"We wouldn’t decorate a cake with a pornographic picture or with swear words. We wouldn’t decorate a cake with a spiteful message about gay people. Because to do so would be to endorse and promote what was said."
Ashers must provide service 'to all or none'
However, in yesterday’s judgment, the judges ruled that refusing the order because of its slogan "was direct discrimination".
The judgment states that Ashers can provide a "service to all or none but not to a selection of customers", adding: "What they may not do is provide a service that only reflects their own political or religious message in relation to sexual orientation".
Commission 'not interested' in assisting faith community
Mr McArthur said that the family will now consider how to proceed.
"The court said the Commission gave the impression it was not interested in assisting the faith community in issues like this. I think a lot of people will agree with that. That’s certainly how we have felt.
"We’ll have to take advice from our lawyers about whether there is a way to appeal this ruling. In the meantime, other businesses will have to take advice about whether they can refuse orders that conflict with their consciences. Or whether they too may be coerced into promoting other people’s views."
God is 'still on the throne'
He added: "We'd like to thank the huge numbers of people who have been supporting us and praying for us through all this. We’re very grateful to you all.
"It's been a trying time. But we're thankful to God for His faithfulness to us through everything. He is still on the throne, He is the ruler of heaven and of earth and He is our God, and we worship and we honour Him."