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Gay Cake Controversy!

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Comments

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


    Deise Vu wrote: »
    They didn't refuse Gareth Lee because of his political beliefs,
    If you read the full judgment

    If you read the very first paragraph of the full judgment, you'll see the bakery's refusal was found to be discrimination on 2 grounds, sexual orientation, and political and religious belief:
    This is an appeal by way of case stated from a decision of District Judge Brownlie whereby she found that the appellants directly discriminated against the respondent on the grounds of sexual orientation contrary to the Equality Act (Sexual Orientation) Regulations (NI) 2006 (“the 2006 Regulations”) and on the grounds of religious and political belief contrary to the Fair Employment and Treatment (NI) Order 1998 (“the 1998 Order”).

    These findings are unchanged by the outcome of the appeal.


  • Registered Users, Registered Users 2 Posts: 16,644 ✭✭✭✭Zubeneschamali


    They simply said "we do not accept that submission, the "keyword is 'gay'" and upheld the original finding of direct discrimination against the MacArthurs.

    If you don't like it, change the law.


  • Registered Users, Registered Users 2 Posts: 1,530 ✭✭✭Mrs Shuttleworth


    If you don't like it, change the law.

    You fail to conceptually grasp the point.

    The Regulations as drafted are perfect.

    The judges applied those Regulations incorrectly.


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


    You fail to conceptually grasp the point.

    The Regulations as drafted are perfect.

    The judges applied those Regulations incorrectly.

    After hearing from both sides, four judges across two courts say otherwise. What makes you more qualified than them to speak on the matter?


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


    NuMarvel wrote: »
    After hearing from both sides, four judges across two courts say otherwise. What makes you more qualified than them to speak on the matter?

    To play devils advocate here, I think the Judges are actually afraid to apply the correct interpretation of the law here due to fear of public backlash. They took the easy way out.


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


    If you read the full judgment it's very fascist.

    The Court of Appeal acknowledged, both unilaterally and on foot of submissions made by Ashers lawyers, the direct comparator element of the 2006 Regulations, specifically Regulation 5(1)(b), being that a heterosexual person ordering the same cake would also be refused.

    They then completely ignored that comparator. They simply said "we do not accept that submission, the "keyword is 'gay'" and upheld the original finding of direct discrimination against the MacArthurs.

    Chilling times.
    Freedom of thought will win in the end. The equality commission can take a hike.


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


    To play devils advocate here, I think the Judges are actually afraid to apply the correct interpretation of the law here due to fear of public backlash. They took the easy way out.

    All four judges on both counts in both cases? That's unlikely. Not impossible, but unlikely.

    In both cases, the judge(s) gave very detailed reasons for their decisions, with case claw cited to support their findings. The original judgment runs to 40 pages. The appeal judgment runs to 30 pages. Has anyone been able to actually put out where specifically the incorrect interpretations are? Or what other case law should have been considered but wasn't?


  • Registered Users, Registered Users 2 Posts: 2,161 ✭✭✭Deise Vu


    One final item for clarity here. I am not arguing about the law or the judgement given, I am arguing about what is right and what is wrong. If the judges in question have given a 100% accurate interpretation of the law, then the law is wrong and needs to be changed. I am neither gay nor religious yet I am obliged to uphold the rights of all citizens equally. What am I expected to do I do if I am in a work situation where a religious fanatic is barking about his right to oppose gay marriage but a gay customer is insisting that the religious fanatic compromise his beliefs or else?

    Once again I congratulate Agent Lee. His work is done and he can now return to his local National Front chapter as a hero.


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


    Deise Vu wrote: »
    One final item for clarity here. I am not arguing about the law or the judgement given, I am arguing about what is right and what is wrong. If the judges in question have given a 100% accurate interpretation of the law, then the law is wrong and needs to be changed.

    And people can campaign to have the law changed if they wish. But to do that, the problem with the law must be identified. It's not enough to simply say the law is wrong and must be changed. What's wrong about it? What's it doing that it's not supposed, or not doing that it should?

    I don't expect people to read through acres of judgements or the like, but if we want to have a reasoned discussion about it, then it must go further than simply "it's wrong". And preferably stay away from allegations of fascism, etc that some people are throwing out.
    Deise Vu wrote: »
    What am I expected to do I do if I am in a work situation where a religious fanatic is barking about his right to oppose gay marriage but a gay customer is insisting that the religious fanatic compromise his beliefs or else?

    Honestly, I'm struggling to think of a work situation where you'll have customers making demands of each other, and not of you. You a negotiator in the UN or something? :P
    Deise Vu wrote: »
    Once again I congratulate Agent Lee. His work is done and he can now return to his local National Front chapter as a hero.

    We can get by without the snide character remarks. Until I see something to the contrary, I'm going to assume the customer did what he thought and believed was right. If we are ready to accept that the bakery in good faith, then we should extend the same courtesy to the customer.


  • Registered Users, Registered Users 2 Posts: 2,161 ✭✭✭Deise Vu


    NuMarvel wrote: »
    And people can campaign to have the law changed if they wish. But to do that, the problem with the law must be identified. It's not enough to simply say the law is wrong and must be changed. What's wrong about it? What's it doing that it's not supposed, or not doing that it should?

    I don't expect people to read through acres of judgements or the like, but if we want to have a reasoned discussion about it, then it must go further than simply "it's wrong". And preferably stay away from allegations of fascism, etc that some people are throwing out.

    This is not a difficult concept to grasp. The Ashers are being forced to carry out work that is against their Christian beliefs. Forcing someone to act against their conscience is clearly fascist. Particularly when it is something as trivial as icing on a bloody cake. Earlier posters have compared this farce with Rosa Parks stance. That is an insult to Rosa Parks and every black person in the Southern States of the USA and an insult to the intelligence of anyone with an IQ over 50.

    NuMarvel wrote: »
    Honestly, I'm struggling to think of a work situation where you'll have customers making demands of each other, and not of you. You a negotiator in the UN or something? :P

    Name a work situation and I will give you an example. Printing? Gay marriage poster, religious fanatic graphic artist. Distribution ? Religious fanatic driver won't deliver gay posters. Bakery? (Ah, you probably could think of one yourself). And of course all of these situations hold for the reverse, Gay employee and religious customer.

    NuMarvel wrote: »
    We can get by without the snide character remarks. Until I see something to the contrary, I'm going to assume the customer did what he thought and believed was right. If we are ready to accept that the bakery in good faith, then we should extend the same courtesy to the customer.

    And while you are making assumptions I am also going to assume that Agent Lee knew exactly what he was getting into when he went to Ashers. He knew exactly what reaction he would provoke. If he really wanted a cake (God, that just sounds so ridiculous) he would just have gone to one of the dozens of other bakeries who would have obliged, no problem. But no, he wanted the thrill of forcing what he perceives as bigots to be humiliated by agreeing to the request or else face the consequences of bad law. The problem of course has always been that one man's bigots are another man's oppressed minority.

    Finally, guess who doesn't agree with you either? The reknowned gay-basher Peter Tatchell:

    http://www.petertatchellfoundation.org/ashers-gay-cake-verdict-is-defeat-for-freedom-of-expression/


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  • Registered Users, Registered Users 2 Posts: 12,247 ✭✭✭✭BoJack Horseman


    Deise Vu wrote: »
    yet I am obliged to uphold the rights of all citizens equally

    How horrible!

    What an awful concept..... Politicians must change this!


  • Registered Users, Registered Users 2 Posts: 16,644 ✭✭✭✭Zubeneschamali


    Deise Vu wrote: »
    Name a work situation and I will give you an example. Printing? Gay marriage poster, religious fanatic graphic artist. Distribution ? Religious fanatic driver won't deliver gay posters. Bakery? (Ah, you probably could think of one yourself). And of course all of these situations hold for the reverse, Gay employee and religious customer.

    These are all very simple: religious fanatic is refusing service to a customer on discriminatory grounds. Fire them.


  • Closed Accounts Posts: 801 ✭✭✭Mary63


    238,000 sterling to argue whether to put Bert and Ernie on a cake,what a complete and utter waste of time.


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


    Deise Vu wrote: »
    This is not a difficult concept to grasp. The Ashers are being forced to carry out work that is against their Christian beliefs. Forcing someone to act against their conscience is clearly fascist. Particularly when it is something as trivial as icing on a bloody cake. Earlier posters have compared this farce with Rosa Parks stance. That is an insult to Rosa Parks and every black person in the Southern States of the USA and an insult to the intelligence of anyone with an IQ over 50.

    Name a work situation and I will give you an example. Printing? Gay marriage poster, religious fanatic graphic artist. Distribution ? Religious fanatic driver won't deliver gay posters. Bakery? (Ah, you probably could think of one yourself). And of course all of these situations hold for the reverse, Gay employee and religious customer.

    And while you are making assumptions I am also going to assume that Agent Lee knew exactly what he was getting into when he went to Ashers. He knew exactly what reaction he would provoke. If he really wanted a cake (God, that just sounds so ridiculous) he would just have gone to one of the dozens of other bakeries who would have obliged, no problem. But no, he wanted the thrill of forcing what he perceives as bigots to be humiliated by agreeing to the request or else face the consequences of bad law. The problem of course has always been that one man's bigots are another man's oppressed minority.

    Finally, guess who doesn't agree with you either? The reknowned gay-basher Peter Tatchell:

    http://www.petertatchellfoundation.org/ashers-gay-cake-verdict-is-defeat-for-freedom-of-expression/

    :rolleyes:
    This is what I get for spending my time crafting a post that I hoped would result in some reasoned discussion. Fine so, carry on. It's fascism, the customer targeted them, yada, yada, yada...
    These are all very simple: religious fanatic is refusing service to a customer on discriminatory grounds. Fire them.

    On the face of it, it looks even simpler than that. Employee is refusing to do their job; deal with them like you would any other employee.

    Anyways, if Deise really is worried about rulings where an employer will be caught between a customer and employee (and I don't think he really is), there are plenty of other far more relevant rulings for him to consider.


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


    Mary63 wrote: »
    238,000 sterling to argue whether to put Bert and Ernie on a cake,what a complete and utter waste of time.

    Source please.


  • Registered Users, Registered Users 2 Posts: 2,161 ✭✭✭Deise Vu


    How horrible!

    What an awful concept..... Politicians must change this!

    Which part of my post did you not understand? My problem is squaring the circle of religious beliefs which happen (with a scary amount of religions) to be anti gay. Everyone should be equal and no-one more equal than the others. Possibly you prefer the 'four legs good' philosophy but not me. But now the law is saying Gay rights have a higher standing than religious ones. I am genuinely puzzled how a supposedly oppressed minority can lord it over another one (via a cake!! You really couldn't think of a more First World Problem).


  • Registered Users, Registered Users 2 Posts: 2,161 ✭✭✭Deise Vu


    These are all very simple: religious fanatic is refusing service to a customer on discriminatory grounds. Fire them.

    Only the religious fanatics or can I fire the gay fanatics too?


  • Closed Accounts Posts: 801 ✭✭✭Mary63


    Courts costs as reported

    The McArthurs and the British Christian Institute, which supported them, could be liable for costs that to date are estimated to be more than £150,000. The North’s Equality Commission, which is supporting Mr Lee, has accrued legal costs of £88,000.

    The Equality Commissioner is funded entirely by the taxpayer and it has spent 88,000 sterling on this ridiculous fabricated nonsense.

    No one cares whether you are gay or not but stop shoving your preferences down our throats,order your cakes where you know there won't be a problem and stop endangering family businesses which employ people who need jobs.


  • Registered Users, Registered Users 2 Posts: 2,161 ✭✭✭Deise Vu


    NuMarvel wrote: »
    :rolleyes:
    This is what I get for spending my time crafting a post that I hoped would result in some reasoned discussion. Fine so, carry on. It's fascism, the customer targeted them, yada, yada, yada...
    Finally we can agree on something. Agent Lee chose his target well.
    NuMarvel wrote: »
    On the face of it, it looks even simpler than that. Employee is refusing to do their job; deal with them like you would any other employee.

    And so trample on genuinely held beliefs just because the Gay lobby is more powerful than the religious one? This is what the world will come too unless there are more Agent Lee's out there to expose the hypocrisy.
    NuMarvel wrote: »
    Anyways, if Deise really is worried about rulings where an employer will be caught between a customer and employee (and I don't think he really is), there are plenty of other far more relevant rulings for him to consider.

    Just pointing out the challenges when you start legislating for people's thoughts and worse, penalising them for thoughts you don't like.


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


    This is still going? It appears the only people left arguing over this verdict being unfair, are either people who do not understand the judicial system and laws of the North of Ireland and refuse to educate themselves. But it's predominantly religious fanatics with their knickers in a twist that their outdated beliefs are no longer accepted by the majority of people on this island. Unless you can point to something that the most senior judges have missed, then all your points are irrelevant.


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  • Registered Users, Registered Users 2 Posts: 16,644 ✭✭✭✭Zubeneschamali


    Deise Vu wrote: »
    Which part of my post did you not understand? My problem is squaring the circle of religious beliefs which happen (with a scary amount of religions) to be anti gay.

    The religious folks are entitled to their beliefs and opinions. If they don't want to serve black people, they can quit or be fired.


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


    dav3 wrote: »
    This is still going? It appears the only people left arguing over this verdict being unfair, are either people who do not understand the judicial system and laws of the North of Ireland and refuse to educate themselves. But it's predominantly religious fanatics with their knickers in a twist that their outdated beliefs are no longer accepted by the majority of people on this island. Unless you can point to something that the most senior judges have missed, then all your points are irrelevant.
    What are you on about? A huge outcry in Ulster over this from many quarters who are for Gay marriage but value freedom of conscience more.


  • Registered Users, Registered Users 2 Posts: 16,644 ✭✭✭✭Zubeneschamali


    Mary63 wrote: »
    No one cares whether you are gay or not

    Then why would the Ashes not fill the order?


  • Registered Users, Registered Users 2 Posts: 2,161 ✭✭✭Deise Vu


    dav3 wrote: »
    This is still going? It appears the only people left arguing over this verdict being unfair, are either people who do not understand the judicial system and laws of the North of Ireland and refuse to educate themselves. But it's predominantly religious fanatics with their knickers in a twist that their outdated beliefs are no longer accepted by the majority of people on this island. Unless you can point to something that the most senior judges have missed, then all your points are irrelevant.

    I take you you never heard of Peter Tatchell then?

    But you know what, you are right to the extent that I am now asking myself why am I bothered? I'll take money off Gays and fanatics of any stripe providing it's legal. Why should I be concerned that there is probably a whole raft of of loony cults currently dreaming up ways they can wind up the gay community by targeting them with similarly loaded 'entirely innocent' orders.

    I think I'll just stand back and order the popcorn instead.


  • Registered Users, Registered Users 2 Posts: 16,644 ✭✭✭✭Zubeneschamali


    Deise Vu wrote: »
    there is probably a whole raft of of loony cults currently dreaming up ways they can wind up the gay community by targeting them with similarly loaded 'entirely innocent' orders.

    If so, I think the gay community will take great pleasure in taking their cash, and thank them for the business.

    Which is what the Ashes should do, if they want to stay in business.


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


    What are you on about? A huge outcry in Ulster over this from many quarters who are for Gay marriage but value freedom of conscience more.

    Many quarters = a few people who are having difficulty understanding the outcome. Freedom of conscience was covered in the ruling. What part do you have difficulties with?

    Most people have moved on and accepted this ruling.


  • Registered Users, Registered Users 2 Posts: 2,161 ✭✭✭Deise Vu


    If so, I think the gay community will take great pleasure in taking their cash, and thank them for the business.

    Which is what the Ashes should do, if they want to stay in business.

    Veiled threats now! Must order more popcorn.


  • Registered Users, Registered Users 2 Posts: 16,644 ✭✭✭✭Zubeneschamali


    Deise Vu wrote: »
    Veiled threats now!

    It isn't veiled at all. How long do you think a bakery would last with a sign in the window saying "No Blacks or Taigs served"?

    This stuff is illegal.


  • Registered Users, Registered Users 2 Posts: 2,161 ✭✭✭Deise Vu


    It isn't veiled at all. How long do you think a bakery would last with a sign in the window saying "No Blacks or Taigs served"?

    This stuff is illegal.

    Exaggerate much?:rolleyes:


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


    Deise Vu wrote: »
    I take you you never heard of Peter Tatchell then?

    But you know what, you are right to the extent that I am now asking myself why am I bothered? I'll take money off Gays and fanatics of any stripe providing it's legal. Why should I be concerned that there is probably a whole raft of of loony cults currently dreaming up ways they can wind up the gay community by targeting them with similarly loaded 'entirely innocent' orders.

    I think I'll just stand back and order the popcorn instead.

    Am I'm supposed to be impressed with the name Peter Tatchell? Is he the most senior judge in the North of Ireland?

    I don't think you've read any of the judgements in this case.

    Why don't you have a quick read and get back to us on which points you have difficulty with understanding.

    Original judgement

    Summary of Appeal Judgement

    Guidance for Service Providers following the case of
    Lee -v- Asher’s Baking Co Ltd and others [2015]


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