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Gay Cake Controversy!

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Comments

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


    Christy42 wrote: »
    I too would like to know what I need protecting from. HOW am I meant to protect myself if I don't know what is going to attack me!

    Well ok the current rental market is annoying for me but I feel that only affects me because I am in the younger end of that age scale and affects everyone of my age as well (well many of my age).

    I bet it'll be along the lines of: Something, something, something, liberal gay agenda, something, something, feminazis, something, something, PC gone mad.
    BattleCorp wrote: »
    And to put an AH spin on the conversation, yer man from the bakery, his missus is a bit tasty.


    [img][/img]https://i.img.ie/02Q.jpg

    I suppose. If you're into that kind of thing. Not that there's anything wrong if you are. :D


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


    Absolam wrote: »
    And, apparently, illegal to refuse to provide the service of expressing that belief on their behalf, so long as the benefit of expressing that belief can be considered to accrue entirely to a protected class. So basically, illegal not to facilitate marriage equality once asked to do so.

    If you want to make that argument, it works the other way round too.

    The much maligned Judge Brownlie said that if a homosexual baker had been asked by a Christian to bake a cake with a message saying 'support heterosexual marriage', that baker would have had no lawful reason to refuse the order.

    So, basically, illegal not to facilitate marriage inequality once asked to do so.


  • Registered Users, Registered Users 2 Posts: 2,160 ✭✭✭Deise Vu


    Is that supposed to be a question?

    Is it supposed to be somehow relevant to the subject?

    Are you not capable of following the thread?

    Peter Tatchell's opinions were dismissed because of his lack of legal qualifications. Because apparently it's the law, end of.

    So lets try another question, as I know you love them:

    What service can you legally refuse a Gay in Norn?

    The answer is easy of course, a marriage service, because, as we all know, Gay marriage is illegal in Norn. That is the law, therefore it must be right.

    It does kinda hurt my head though, that a baker can refuse to put a legal slogan on a cake if he doesn't like it (Vote Sinn Féin; Vote PUP) but he cannot refuse an order calling for an illegal act?

    This is what happens when you try to legislate against peoples core beliefs and conscience: bad law. Inevitably this circle will have to be squared and one or other will have to be repealed. Now that the UK is leaving the EU (from whence I am guessing the Equality Legislation emanated, it was hardly the Reverands Paisley or Mc'Crea) and Theresa May has also indicated the intention to withdraw from that PC airy fairy nonsense, The European Court of Human Rights, I wonder which way Norn Iron will vote?

    (Agent Lee you are a genius!)


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


    Deise Vu wrote: »
    This is what happens when you try to legislate against peoples core beliefs and conscience: bad law.

    As I said to you before, equality laws legislate for people's actions, not thoughts or beliefs. People can think or believe what they want, but they cannot use those beliefs to excuse unlawful discrimination.
    Deise Vu wrote: »
    that PC airy fairy nonsense, The European Court of Human Rights

    :rolleyes:

    This "PC airy fairy nonsense" includes rights like freedom of conscience which have been vindicated for UK Christians in cases like "EWEIDA AND OTHERS v. THE UNITED KINGDOM". But hey, if you want to remove protection for their rights too, go right ahead.


  • Registered Users, Registered Users 2 Posts: 6,913 ✭✭✭Absolam


    NuMarvel wrote: »
    The bakery weren't asked to facilitate marriage equality. They weren't asked to campaign for it, or donate to advocacy groups, or canvass door to door, or vote only for politicians who would support it.
    They were asked to make a specific product, and their refusal was found to be discrimination on two grounds, including on the basis of political opinion.

    You're right, they weren't... they were asked to provide a means for others to express their opinion on marriage equality. And as it turns out refusing to be complicit in promoting a message you disagree with appears to be illegal.


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  • Registered Users, Registered Users 2 Posts: 2,160 ✭✭✭Deise Vu


    NuMarvel wrote: »
    As I said to you before, equality laws legislate for people's actions, not thoughts or beliefs. People can think or believe what they want, but they cannot use those beliefs to excuse unlawful discrimination.



    :rolleyes:

    This "PC airy fairy nonsense" includes rights like freedom of conscience which have been vindicated for UK Christians in cases like "EWEIDA AND OTHERS v. THE UNITED KINGDOM". But hey, if you want to remove protection for their rights too, go right ahead.

    I think you need to switch on your sarcasm detector. Or better still, your brain.


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


    osarusan wrote: »
    In the earlier rulings by Judge Brownlie, Ashers was found guilty of discrimination on the basis of political belief also.

    The legislation is specific to NI and was brought in to deal with sectarian-related stuff, but was applied here also.

    I don't think that is specific to NI, and it takes a very broad view of what is political. I think the first case that used this was in England, and it was a man that refused to fly to a meeting because he had strongly held environmental beliefs. The courts found in his favour.

    MrP


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


    MrPudding wrote: »
    I don't think that is specific to NI, and it takes a very broad view of what is political. I think the first case that used this was in England, and it was a man that refused to fly to a meeting because he had strongly held environmental beliefs. The courts found in his favour.

    MrP

    The belief ground in the equivalent legislation for the rest of the UK is defined in the 2010 Equality Act as: "any religious or philosophical belief and a reference to belief includes a reference to a lack of belief."

    That's much broader than the political opinion grounds in NI's equality laws, and is something that isn't in our laws at all.

    Britain's Equality Commission has a further note on their website saying "Generally, a belief should affect your life choices or the way you live for it to be included in the definition"


  • Registered Users, Registered Users 2 Posts: 1,185 ✭✭✭Rory28


    Deise Vu wrote: »
    Are you not capable of following the thread?

    Peter Tatchell's opinions were dismissed because of his lack of legal qualifications. Because apparently it's the law, end of.

    So lets try another question, as I know you love them:

    What service can you legally refuse a Gay in Norn?

    The answer is easy of course, a marriage service, because, as we all know, Gay marriage is illegal in Norn. That is the law, therefore it must be right.

    It does kinda hurt my head though, that a baker can refuse to put a legal slogan on a cake if he doesn't like it (Vote Sinn Féin; Vote PUP) but he cannot refuse an order calling for an illegal act?

    This is what happens when you try to legislate against peoples core beliefs and conscience: bad law. Inevitably this circle will have to be squared and one or other will have to be repealed. Now that the UK is leaving the EU (from whence I am guessing the Equality Legislation emanated, it was hardly the Reverands Paisley or Mc'Crea) and Theresa May has also indicated the intention to withdraw from that PC airy fairy nonsense, The European Court of Human Rights, I wonder which way Norn Iron will vote?

    (Agent Lee you are a genius!)

    Who is Agent Lee? I keep seeing you mention him but I have no idea who it is. Is he like a court appointed officer or something? He seems to be up to his neck in this whoever he is.


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


    Deise Vu wrote: »
    That is the law, therefore it must be right.

    You are mixing up several things here. When I said I don't care what Tatchell says, I was commenting on whether the judgement is correct in law. You and I and Tatchell are not judges, and the judges know more about that than we do.

    As it happens, I think the judgement is morally right, too, and a quick swap in of racism for discrimination against gays shows how, but that is a separate issue.


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


    The politicians can discriminate by law banning same sex marriage but a local business can't not print a message on a cake.


  • Registered Users, Registered Users 2 Posts: 6,913 ✭✭✭Absolam


    osarusan wrote: »
    If you want to make that argument, it works the other way round too.
    The much maligned Judge Brownlie said that if a homosexual baker had been asked by a Christian to bake a cake with a message saying 'support heterosexual marriage', that baker would have had no lawful reason to refuse the order.
    So, basically, illegal not to facilitate marriage inequality once asked to do so.
    Sure... though I'm not sure that being equitably oppressive is any less oppressive to be honest.


  • Closed Accounts Posts: 1,078 ✭✭✭HellSquirrel


    I was thinking previously that it's a bit odd if NI currently deems same-sex marriage illegal then...etc. But actually, no, it doesn't matter, so long as the message isn't discriminatory under current law. For instance, there would be no issue in the Republic getting a cake that said "Ban fox-hunting!" or "Legalise weed!", both of which would be on the wrong side of the law insofar as ideals go, BUT not illegal to talk about (or even get cakes about if that floats your boat). And I don't think any bakery would be able to argue with any level of conviction that they cannot write this sugary message because either it's illegal or it goes against their sincerely held beliefs.

    If you're a business providing a service, first off, it's stupid to refuse customers just because you don't like the message. Now, if it was -advocating- an illegal act, there's a bit more room to play with there, although that's certainly not the direction the defendants in this court case went in.

    Regarding some of the other examples, the one that has had me thinking the most (most of them were, frankly, pretty dumb) was the "could you get a Muslim baker to put a picture of Mohammad on a cake?" The answer there is probably not black and white, but rather what possible reason could anyone have to get a picture of Mohammad on a cake? He's a very specific Islamic figure with little to no relevance to the rest of the world. I cannot see, off the top of my head, a single sane reason for wanting it other than purely to have a go at the Muslim baker, which would indeed be discriminating against him/her on religious grounds (very nastily too, to try to get them into trouble with their religion or the law). Basically, the "don't be a dick" rule applies here. I'm pretty sure no-one is expected to place themselves in potential danger for the sake of a customer being a dick either, there are personal safety clauses and the Muslim baker could point to Charlie Hebdo or the Danish cartoonist.

    Aha, so the Muslim would be protected due to his religion, but the Christians aren't, the world is a cruel and unfair place! Well, no, actually. Yes, gay marriage is held as being wrong according to Catholics (based on very little, but that's beside the point, they hold this belief sincerely), but it actually does affect a much wider section of the population than just their own people and that's where the issue arises. Is one person's freedom of person more important than another's freedom to impose their religious views through their own business? The courts say no, it isn't. If you are providing a service within certain defined parameters to the general public, you are expected to go through with that. You can't define who you do business with based on their sexual orientation (or any of the other eight protected statuses) and it was concluded that this falls under that based on the sole reason for refusal being the word "gay" on the cake. Religion is also one of those areas, and if a parent wanted to get a cake decorated by an atheist baker with "First Holy Communion" on it, the atheist baker would also not have the right to discriminate against them by cancelling the order because they'd have write "First Holy Communion" and get some of that nasty religion on them.

    HOWEVER, I am not fully in sympathy with the complainant either, as he went deliberately (or so it seems) to the uber-Christian job bakery to order a cake that he probably knew would get their knickers in a twist, which seems a bit dickish in itself. He's within his rights, although in the US, there's a party of religious wingnuts that want to be able to claim tax support AND discriminate against members of the public who pay into those taxes based on their religion. And they can sod right off. Whatever arguments one might be able to make about a private enterprise being able to refuse to carry out work they don't want to do whatever the reason, it absolutely doesn't apply to the public sector. That goes double for that Kimberly Whatsit woman that was refusing to give out marriage licences because of her religious urge to be a dick.

    It's a more complicated case than it looks from the word "cake". I don't think there's anything to be gained by trying to break it down into a Twitter-outrage 140-character soundbite. Despite my last paragraph which included the word "dick" a lot.


  • Registered Users, Registered Users 2 Posts: 2,160 ✭✭✭Deise Vu


    Deise Vu wrote: »
    That is the law, therefore it must be right.

    You are mixing up several things here. When I said I don't care what Tatchell says, I was commenting on whether the judgement is correct in law. You and I and Tatchell are not judges, and the judges know more about that than we do.

    As it happens, I think the judgement is morally right, too, and a quick swap in of racism for discrimination against gays shows how, but that is a separate issue.

    And the self same judges would also be obliged to say Gay marriage is wrong. The law being interpreted as drafted doesn't automatically mean the law is correct and can't be commented on. So it would really help your cause if you didn't try to shout down opposing arguments with " what legal qualifications do you or Peter Tatchell have".

    I am trying (in vain) to point out the contradictions in the judgement which, in my opinion, does more damage than good to the cause of Gay tights. Up to now, lots of legislation in favour of minorities goes through without comment. After a ludicrous judgement like this, an awful lot more people will be sitting up and taking notice.


  • Registered Users, Registered Users 2 Posts: 2,160 ✭✭✭Deise Vu


    Deise Vu wrote: »
    That is the law, therefore it must be right.

    You are mixing up several things here. When I said I don't care what Tatchell says, I was commenting on whether the judgement is correct in law. You and I and Tatchell are not judges, and the judges know more about that than we do.

    As it happens, I think the judgement is morally right, too, and a quick swap in of racism for discrimination against gays shows how, but that is a separate issue.

    And the self same judges would also be obliged to say Gay marriage is wrong. The law being interpreted as drafted doesn't automatically mean the law is correct and can't be commented on. So it would really help your cause if you didn't try to shout down opposing arguments with " what legal qualifications do you or Peter Tatchell have".

    I am trying (in vain) to point out the contradictions in the judgement which, in my opinion, does more damage than good to the cause of Gay tights. Up to now, lots of legislation in favour of minorities goes through without comment. After a ludicrous judgement like this, an awful lot more people will be sitting up and taking notice.


  • Registered Users, Registered Users 2 Posts: 2,160 ✭✭✭Deise Vu


    Deise Vu wrote: »
    That is the law, therefore it must be right.

    You are mixing up several things here. When I said I don't care what Tatchell says, I was commenting on whether the judgement is correct in law. You and I and Tatchell are not judges, and the judges know more about that than we do.

    As it happens, I think the judgement is morally right, too, and a quick swap in of racism for discrimination against gays shows how, but that is a separate issue.

    And the self same judges would also be obliged to say Gay marriage is wrong. The law being interpreted as drafted doesn't automatically mean the law is correct and can't be commented on. So it would really help your cause if you didn't try to shout down opposing arguments with " what legal qualifications do you or Peter Tatchell have".

    I am trying (in vain) to point out the contradictions in the judgement which, in my opinion, does more damage than good to the cause of Gay tights. Up to now, lots of legislation in favour of minorities goes through without comment. After a ludicrous judgement like this, an awful lot more people will be sitting up and taking notice.


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


    Enough of this legal hamboning.

    The Ashers Company did not want its brand associated with the Queerspace political campaign. Business owners are perfectly entitled not to have their brands associated with campaigns they do not support.


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


    Enough of this legal hamboning.

    The Ashers Company did not want its brand associated with the Queerspace political campaign. Business owners are perfectly entitled not to have their brands associated with campaigns they do not support.

    You seem to think we live in world where common sense still exists.


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


    Deise Vu wrote: »
    I am trying (in vain) to point out the contradictions in the judgement which, in my opinion, does more damage than good to the cause of Gay tights.

    Firstly, you are correct that you are trying in vain.

    Secondly, your problem is not with the judgment, it is with the law.

    Thirdly, that is a most excellent typo, kudos.


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


    Enough of this legal hamboning.

    The Ashers Company did not want its brand associated with the Queerspace political campaign. Business owners are perfectly entitled not to have their brands associated with campaigns they do not support.

    Why would their brand be associated with the campaign? They don't have to write the business name on the cake. They could even use plain packaging if they really wanted to be sure it wasn't accidentally caught in a picture.


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


    Business owners are perfectly entitled not to have their brands associated with campaigns they do not support.

    Firstly, no-one would have known anything about any association if they had iced the cake.

    Secondly, they are now associated with nothing but a rather bigoted Protestantism, which will do them more harm than showing toleration for Gays would have.

    Ok, bigoted Protestantism and a hot wife.


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


    Deise Vu wrote: »
    And the self same judges would also be obliged to say Gay marriage is wrong.

    You are mixing up legal with moral again.


  • Closed Accounts Posts: 1,707 ✭✭✭arayess


    Firstly, no-one would have known anything about any association if they had iced the cake.

    Secondly, they are now associated with nothing but a rather bigoted Protestantism, which will do them more harm than showing toleration for Gays would have.

    Ok, bigoted Protestantism and a hot wife.

    you have no notion that they are bigoted.

    this is something that bugs me when it comes to so called tolerance etc...as thought up by the left.

    Yes we should tolerate others consensual behaviour and what they do with themselves but ffs you can't make people like it.

    not liking something or not approving of behaviour doesn't make you bigot.

    they didn't want to make a cake , they never said they wouldn't serve a gay person. a huge difference.


  • Registered Users, Registered Users 2 Posts: 43,304 ✭✭✭✭K-9


    Enough of this legal hamboning.

    The Ashers Company did not want its brand associated with the Queerspace political campaign. Business owners are perfectly entitled not to have their brands associated with campaigns they do not support.

    But it's just a cake! If it was a business getting involved in a business related matter that affected their likelihood, fair enough, but it's just a commerce transaction, same as any other.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



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


    arayess wrote: »
    you have no notion that they are bigoted.

    If a guy had come in and asked for a wedding cake with a little white bride and a black bridegroom on top, and they had said no, miscgenation is against their religion, no-one would be in any doubt.

    But it was just gays, they don't count because lots of reasonable people are bigoted about gays.


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


    arayess wrote: »

    not liking something or not approving of behaviour doesn't make you bigot.

    I would definitely classify anyone against gay marriage as a bigot. It is an entirely illogical stance borne out of nothing but hatred for people doing things that has no effect on other peoples lives.


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


    K-9 wrote: »
    But it's just a cake! If it was a business getting involved in a business related matter that affected their likelihood, fair enough, but it's just a commerce transaction, same as any other.

    Cut the nonsense.

    That Ashers cake would have been up in lights on Queerspace's Twitter and Instagram replete with "Love Ashers" hashtag, hearts and emojis.


  • Registered Users, Registered Users 2 Posts: 43,304 ✭✭✭✭K-9


    I don't know, this argument kind of reminds me of the American Libertarian party and wanting to repeal the 1960's civil rights legislation.

    Businesses have the right to refuse black people if they so wish!

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Registered Users, Registered Users 2 Posts: 1,373 ✭✭✭selous


    If the baker had said they were breaching copyright using Bert & Ernie without (written) permission and couldn't make it, would there have been all this legal action?


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  • Closed Accounts Posts: 1,707 ✭✭✭arayess


    If a guy had come in and asked for a wedding cake with a little white bride and a black bridegroom on top, and they had said no, miscgenation is against their religion, no-one would be in any doubt.

    But it was just gays, they don't count because lots of reasonable people are bigoted about gays.

    they would have refused any customer that cake - all customers were treated equally.


    Christy42 wrote: »
    I would definitely classify anyone against gay marriage as a bigot. It is an entirely illogical stance borne out of nothing but hatred for people doing things that has no effect on other peoples lives.


    it's not hatred...if they hated mr.queerspace they would have been abusive or struck him down with all their godly might.
    but no they refused to make him "that" cake - and guess what I'd wager they'd refuse to make me the same cake.....what hate crime would that be in my case?


    they would serve gay / straight people and equally would not serve gay/straight people "that" cake..
    I think the judges erred big style.


    I also have misgiving about mr.queerspace and his agenda - cos this was clearly a setup or stunt.
    the deliberate targeting of the bakery doesn't sit with me.

    I also have misgiving about people being forced to perform a service against their will - I accept if it's state agency - but a private enterprise...

    it's not right.

    of course , some will disagree but that what tolerance is ....forcing people to agree with you....isn't it......oh....


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