免责声明:本网站不构成法律建议。法律法规和判例法会发生变化。请务必就您的具体情况咨询合格的律师。

所有案例
Equality & Discrimination
Supreme Court
2018

Lee v Ashers Baking Company

[2018] UKSC 49

判决理由

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.

事实

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.

判决摘要

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.

关键引述

"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

后续处理

Followed

Distinguished between objection to a message and discrimination against a person.