Advertisement
Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/.
https://www.boards.ie/group/1878-subscribers-forum

Private Group for paid up members of Boards.ie. Join the club.
Hi all, please see this major site announcement: https://www.boards.ie/discussion/2058427594/boards-ie-2026

Gay Cake Controversy!

18586889091129

Comments

  • Banned (with Prison Access) Posts: 3,875 ✭✭✭A Little Pony


    seamus wrote: »
    There's freedom of expression issues tangled up in it.
    It's not really though. At the end of the day, both courts have found that the order was refused because the customer was gay, not because of the message he wanted to put on the cake.

    Freedom of expression has its limits, and one of those limits is that it does not entitle you to refuse services to people on the basis of their sexuality (and other things).
    The owner of the bakery has said he didn't know the customer was gay. So he could not have refused it on those grounds.


  • Registered Users, Registered Users 2 Posts: 32,387 ✭✭✭✭DeVore


    How is it a different argument? Asher's baking a cake saying 'support gay marriage' offends their moral sensibilities just as I'm sure asking a gay baker to make a cake that says 'Gay marriage is immoral and you'll go to hell' would offend his. In both cases, I don't think either should be forced to bake those cakes if they don't want to.
    sorry, I should have been clear "moral sensibilities of society" is a term that is used in law to stop people from say, asking for a gaping arsehole on top of their cake. It has to be something that would offend and disgust the majority of right-thinking people.

    "Support Gay Marriage" wouldn't satisfy that. "I <3 Anal Beads" probably wouldn't either. A visual representation of Goatse would almost certainly....:)


  • Closed Accounts Posts: 619 ✭✭✭Advbrd


    Had to look up Goatse. Yeah, might upset some people.


  • Registered Users, Registered Users 2 Posts: 18,853 ✭✭✭✭silverharp


    DeVore wrote: »
    sorry, I should have been clear "moral sensibilities of society" is a term that is used in law to stop people from say, asking for a gaping arsehole on top of their cake. It has to be something that would offend and disgust the majority of right-thinking people.

    "Support Gay Marriage" wouldn't satisfy that. "I <3 Anal Beads" probably wouldn't either. A visual representation of Goatse would almost certainly....:)

    Im pretty sure gay rights wouldnt have got off the ground if there was a nebulous "moral sensibilities" clause hanging over society :D

    A belief in gender identity involves a level of faith as there is nothing tangible to prove its existence which, as something divorced from the physical body, is similar to the idea of a soul. - Colette Colfer



  • Registered Users, Registered Users 2 Posts: 32,387 ✭✭✭✭DeVore


    If they can choose not to service my request, can I choose not to pay the (small) fraction of my taxes which they claim in tax breaks and can they also be denied the proportional tax-break from the sections of the community whose messages they wont service?


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 4,416 ✭✭✭lukin




  • Registered Users, Registered Users 2 Posts: 32,387 ✭✭✭✭DeVore


    silverharp wrote: »
    Im pretty sure gay rights wouldnt have got off the ground if there was a nebulous "moral sensibilities" clause hanging over society :D
    http://www.irishstatutebook.ie/eli/1935/act/6/section/18/enacted/en/html

    Thankfully its been found unconstitutional this year (after two guys pissed against a wall and were arrested under the section).


  • Registered Users, Registered Users 2 Posts: 32,387 ✭✭✭✭DeVore


    Advbrd wrote: »
    Had to look up Goatse. Yeah, might upset some people.
    DO NOT LOOK UP GOATSE! :)

    Seriously. No one needs to see that. :)


  • Banned (with Prison Access) Posts: 314 ✭✭Dr Jakub


    Refuse to serve someone because they're gay: discrimination

    Refuse to serve someone because you don't want to support gay marriage: not discrimination.

    Exact same way it would be wrong to refuse to bake a cake for a black person because they're black but not wrong to refuse to bake a cake with a Black Panther message.

    Sadly we don't live in a sane world but rather one where the narrative is controlled by the LGBTQIAXYZ victim mafia.

    Oh well, they're only hurting their own cause with these stunts.


  • Registered Users, Registered Users 2 Posts: 17,008 ✭✭✭✭osarusan


    seamus wrote: »
    It's not really though. At the end of the day, both courts have found that the order was refused because the customer was gay, not because of the message he wanted to put on the cake.

    I think that oversimplifies it a bit (although you are correct that both courts did rule on direct discrimination).

    A bit of a disclaimer here - this is my understanding of the law and rulings, but if I'm wrong, I hope somebody will point out where:

    Asher's have repeatedly said that they had no idea whether the customer in question was homosexual or heterosexual. The example has been already been given of a straight person ordering the cake and so on.

    Had a person that Asher's staff knew to be heterosexual ordered the same cake (being part of the campaign, as a favour etc) and had Asher's refused anyway, this would more than likely have been ruled to a case of discrimination by association.

    If the sexuality of the customer was not known to Asher's staff, but Asher's had assumed that the customer was homosexual, based on the request, but it turns out that they were not homosexual, then it would more than likely have been ruled a case of discrimination by perception.

    In an earlier ruling, Judge Brownlie decided, based on the request made by the customer, that Asher's 'must have known or suspected' that the customer was homosexual, and it was that decision which caused her to rule on direct discrimination (Judge Brownlie also said that even if she hadn't found direct discrimination, she would still have found indirect discrimination).

    I'm not sure if it's what you meant, but the message on the cake isn't irrelevant - it is central to how the judges reached the ruling they did (and they rulings they might have reached, had the sexuality of the customer been different, but the request been the same).


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 3,279 ✭✭✭NuMarvel


    seamus wrote: »
    It's not really though. At the end of the day, both courts have found that the order was refused because the customer was gay, not because of the message he wanted to put on the cake.

    The courts found discrimination had occurred under both the sexual orientation ground and the political opinion ground.


  • Closed Accounts Posts: 4,166 ✭✭✭Tasden


    DeVore wrote: »
    DO NOT LOOK UP GOATSE! :)

    Seriously. No one needs to see that. :)

    Curiosity got the better of me :(


  • Registered Users, Registered Users 2 Posts: 32,387 ✭✭✭✭DeVore


    Dr Jakub wrote: »
    Refuse to serve someone because they're gay: discrimination

    Refuse to serve someone because you don't want to support gay marriage: not discrimination.

    Exact same way it would be wrong to refuse to bake a cake for a black person because they're black but not wrong to refuse to bake a cake with a Black Panther message.


    All of that should be illegal. You are either a company that services society that gives you tax breaks and infrastructure or you aren't.


    If that leads you to an unbearable conflict with your morals, you stop being involved with that company because you can't fulfil societies requirements.


  • Banned (with Prison Access) Posts: 314 ✭✭Dr Jakub


    DeVore wrote: »
    All of that should be illegal. You are either a company that services society that gives you tax breaks and infrastructure or you aren't.


    If that leads you to an unbearable conflict with your morals, you stop being involved with that company because you can't fulfil societies requirements.

    You shouldn't be bullied into supporting a political campaign you don't agree with.


  • Registered Users, Registered Users 2 Posts: 1,164 ✭✭✭Butters1979


    lukin wrote: »

    Unless you're gay. :)
    Advbrd wrote: »
    Had to look up Goatse. Yeah, might upset some people.

    So did I. That's enough internet for me today.


  • Registered Users, Registered Users 2 Posts: 1,671 ✭✭✭dav3


    Dr Jakub wrote: »
    Refuse to serve someone because they're gay: discrimination

    Refuse to serve someone because you don't want to support gay marriage: not discrimination.

    Exact same way it would be wrong to refuse to bake a cake for a black person because they're black but not wrong to refuse to bake a cake with a Black Panther message.

    Sadly we don't live in a sane world but rather one where the narrative is controlled by the LGBTQIAXYZ victim mafia.

    Oh well, they're only hurting their own cause with these stunts.

    That's it, let it all out. Rant away.

    If only Lord Chief Justice Sir Declan Morgan, Lord Justice Weatherup and Lord Justice Weir with their many, many years of dealing with such cases would listen to you instead.

    They found that a supplier may provide a
    “particular service to all or to none but not to a selection of customers based on prohibited grounds”.

    They added
    “In the present case the appellants might elect not to provide a service that involves any religious or political message. What they may not do is provide a service that only reflects their own political or religious message in relation to sexual orientation.”

    Are people being deliberately obtuse in relation to this ruling or do we have some people who are normally this slow?


  • Registered Users, Registered Users 2 Posts: 8,111 ✭✭✭Christy42


    Dr Jakub wrote: »
    You shouldn't be bullied into supporting a political campaign you don't agree with.

    Do like many printing companies and refuse all political messages. Google supported the marriage referendum here. They didn't stop showing links to Iona during the build up. Would you have supported google's right to block all anti gay marriage sites it found from coming up on its search engine?

    No one person was asked to supply the cake. The business was and it should comply since they seemingly have no issues printing other political messages.

    Out of curiosity how would you feel about a company taking an order for a cake depicting a black man and white woman before refusing two days later on the grounds that their company was against mixed marriages...


  • Registered Users, Registered Users 2 Posts: 32,387 ✭✭✭✭DeVore


    Dr Jakub wrote: »
    You shouldn't be bullied into supporting a political campaign you don't agree with.
    Should I be bullied into paying taxes?

    We are all "bullied" into doing things we might not like but are good for society.


  • Registered Users, Registered Users 2 Posts: 3,279 ✭✭✭NuMarvel


    Dr Jakub wrote: »
    You shouldn't be bullied into supporting a political campaign you don't agree with.

    Making the cake as requested doesn't mean supporting the campaign. As the court of appeal put it:
    The fact that a baker provides a cake for a particular team or portrays witches on a Halloween cake does not indicate any support for either.


  • Banned (with Prison Access) Posts: 314 ✭✭Dr Jakub


    dav3 wrote: »
    That's it, let it all out. Rant away.

    If only Lord Chief Justice Sir Declan Morgan, Lord Justice Weatherup and Lord Justice Weir with their many, many years of dealing with such cases would listen to you instead.

    They found that a supplier may provide a



    They added



    Are people being deliberately obtuse in relation to this ruling or do we have some people who are normally this slow?

    That's cool, drag people in front of the courts because they don't want to support gay marriage. Very progressive. Maybe we can throw them in the gulag to really teach them a lesson?

    What if a gay couple refuses a Muslim who wants an anti-gay marriage slogan on their cake, is that ok?


  • Advertisement
  • Banned (with Prison Access) Posts: 314 ✭✭Dr Jakub


    DeVore wrote: »
    Should I be bullied into paying taxes?

    We are all "bullied" into doing things we might not like but are good for society.

    Lol at the comparison. But you're right comrade, we need to haul the dissenters in front of courts.

    Can a gay couple refuse to make a cake that was anti gay marriage?


  • Registered Users, Registered Users 2 Posts: 41,235 ✭✭✭✭Annasopra


    Dr Jakub wrote: »
    That's cool, drag people in front of the courts because they don't want to support gay marriage.

    Thats not what this case was about at all

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users, Registered Users 2 Posts: 32,387 ✭✭✭✭DeVore


    Dr Jakub wrote: »
    That's cool, drag people in front of the courts because they don't want to support gay marriage. Very progressive. Maybe we can throw them in the gulag to really teach them a lesson?

    What if a gay couple refuses a Muslim who wants an anti-gay marriage slogan on their cake, is that ok?
    No. Absolutely not, no. Its not ok at all.


  • Registered Users, Registered Users 2 Posts: 32,387 ✭✭✭✭DeVore


    DeVore wrote: »
    No. Absolutely not, no. Its not ok at all.
    Unless that slogan was illegal (ie: hate speeched)... but if they were asked to bake a cake that said

    "Marriage is the union between a man and a woman, only". Then yeah, they should bake the cake and they should be in court if they refuse. For exactly the reasons I've been pointing out which no one seems to want to engage with :)


  • Banned (with Prison Access) Posts: 314 ✭✭Dr Jakub


    DeVore wrote: »
    No. Absolutely not, no. Its not ok at all.

    That's cool. I disagree with your stance but you are consistent.


  • Registered Users, Registered Users 2 Posts: 9,779 ✭✭✭MrPudding


    I'm atheist but respect other peoples beliefs. Ashers didn't want to bake a cake which they felt was contrary to theirs. To me that's acceptable.
    I know a guy that thinks black people are sub-human and their children should not be allowed to mix with pure white children. Do I need to respect that belief? Is it acceptable to you?
    The owner of the bakery has said he didn't know the customer was gay. So he could not have refused it on those grounds.

    It has been a while since i read the previous case, and I have not read this one, but I think the reasoning might be something along the lines of "the slogan is in support of same-sex marriage, the majority of people actively involved in lobbying for same-sex marriage are likely to be gay, by refusing to print the slogan gay people are likely to be disproportionately affected by the refusal, therefore actual knowledge of the sexual orientation of the person is irrelevant" or something.

    MrP


  • Registered Users, Registered Users 2 Posts: 4,416 ✭✭✭lukin


    Just saw the six-one news report on this. The husband is a serious nutjob:
    "It's been a trying time but we are thankful to God and 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," he said.
    Is he for real like?


  • Registered Users, Registered Users 2 Posts: 13,083 ✭✭✭✭castletownman


    lukin wrote: »
    Just saw the six-one news report on this. The husband is a serious nutjob:
    "It's been a trying time but we are thankful to God and 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," he said.
    Is he for real like?

    Yeah he certainly came across that way. Reminded me of that creepy dentist fella that James Nesbitt played in The Secret earlier in the year.

    But I wonder is this a storm in a teacup by the gay rights community?

    I mean would this have garnered as much attention had he refused to bake a cake for a *INSERT RELIGION HERE* , or one that contained a slogan to repeal the eight? I don't think so.


  • Closed Accounts Posts: 1,489 ✭✭✭dissed doc


    lukin wrote: »
    Just saw the six-one news report on this. The husband is a serious nutjob:
    "It's been a trying time but we are thankful to God and 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," he said.
    Is he for real like?

    He is for real because we live in a tolerant and diverse society which is inclusive of all types and we don't act like ass holes to people because they have different views and beliefs than us.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 968 ✭✭✭railer201


    lukin wrote: »
    Just saw the six-one news report on this. The husband is a serious nutjob:
    "It's been a trying time but we are thankful to God and 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," he said.
    Is he for real like?

    That's a fairly standard evangelical Christian response for those who are acquainted with Northern ways. The beauty of Northerners is that you might not like what they say but they're straight up - no messing around - like it or lump it.


Advertisement
Advertisement