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Sexual Orientation, Equal Treatment And The Right To Manifest Religion: Lee V Mcarthur, Mel Cousins
Sexual Orientation, Equal Treatment And The Right To Manifest Religion: Lee V Mcarthur, Mel Cousins
Mel Cousins
This note outlines the recent decisions of the Northern Ireland courts in what has become known as the ‘gay cake’ case. The county court ruled that the bakery (Ashers) and its directors had discriminated against Mr. Lee on the grounds of sexual orientation (under the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006) and on the grounds of political opinion and/or religious belief (under the Fair Employment and Treatment (Northern Ireland) Order 1998). The court further held that any limit on the manifestation of the defendant’s religious beliefs was necessary in a democratic society and a proportionate means of achieving a …