Crossbench
ApprovedConcludedCourt case
Title

Lee v Ashers Baking Company (2018): the 'gay cake' case

Date
10 October 2018
Relevant topic(s)
Democracy and participationRights

What happened?

In 2014 a Belfast bakery owned by a Christian couple refused to make a cake showing Bert and Ernie with the slogan 'Support Gay Marriage'. The customer, Gareth Lee, a gay man, won in the lower courts, which found discrimination.

The Supreme Court unanimously overturned those rulings. It held that the bakers objected to the message, not to the customer, and that the law cannot compel people to express a message they disagree with.

  • Gareth Lee ordered the cake in May 2014; Ashers, owned by Mr and Mrs McArthur, refused the order, apologised and refunded him.
  • The County Court and the Court of Appeal in Northern Ireland both found unlawful discrimination.
  • The Supreme Court, in a judgment given by Lady Hale, unanimously held there was no direct discrimination on grounds of sexual orientation or political opinion: the objection was to the message, not the messenger.
  • It held that, under Articles 9 and 10 of the Convention, the law cannot compel someone to express a message with which they disagree.
  • The Court stressed that refusing a service because of a customer's protected characteristic remains unlawful.

Why is it politically significant?

The case shows rights in conflict: Lee's right not to be discriminated against against the bakers' freedom of religion and expression. The Supreme Court protected the right not to be forced to express a view, showing how judges balance competing rights.

How to use

Which arguments does it support?

Rights can conflict with each other

Reasoning
Equality and freedom of expression pulled in opposite directions.
Evidence
The lower courts and the Supreme Court reached opposite conclusions.
How it supports the argument
The Supreme Court protected the right not to express a message.

Courts protect freedom of conscience

Reasoning
No one can be compelled to promote a view they reject.
Evidence
The Court relied on Articles 9 and 10.
How it supports the argument
It held there was no discrimination.

Which counterarguments exist?

Alternative view

The ruling weakened equality protection

Lee and his supporters argued that the refusal was discrimination, as the two lower courts had found.

Limits of the evidence

The ruling is narrow

The Court stressed that refusing to serve someone because of who they are is still unlawful.

Concepts and connections

Sources and verification

Event10 October 2018
Added to bank11 November 2026
Last checked11 November 2026
Next check due11 May 2027
  1. 1
    Publisher UK Human Rights BlogPublished 15 October 2018Type AcademicChecked 4 November 2026
    Opened

About this example

Is it still current?

Concluded

The development has ended or been reversed, but remains useful evidence.

Why it is in the bank

A leading case on competing rights for answers on collective versus individual rights.

  • ✓Relevance to the specification
  • ✓Strength and reliability of the evidence
  • ✓Importance to a wider political debate
  • ✓Usefulness in evaluative essays
  • ✓Connections to other topics
  • ✓Sufficiently current
  • ✓Adds something new to the bank

Editorial status

Approved

Signed off for students.

Origin: AI draft (Claude) · Reviewer: Editor

Every fact on this page has been checked against original sources.