판결 이유
Refusing to produce a cake bearing a message supporting same-sex marriage was not direct discrimination on grounds of sexual orientation. The objection was to the message, not the customer's sexual orientation.
사실관계
Mr Lee ordered a cake from Ashers bakery decorated with the message 'Support Gay Marriage'. The bakery refused on religious grounds. Mr Lee claimed discrimination on grounds of sexual orientation and political opinion.
판결 요약
The Supreme Court held there was no direct discrimination. The bakery would have refused to make the cake for any customer regardless of sexual orientation. The objection was to being required to promote a message with which the bakers profoundly disagreed, engaging their rights under Articles 9 and 10 ECHR.
주요 인용문
"The bakers did not refuse to serve the respondent because of his sexual orientation — they refused to produce a cake bearing a particular message."
— Baroness Hale
후속 처리
Distinguished between objection to a message and discrimination against a person.