Christian bakers seek to appeal gay cake case to U.K. Supreme Court
The owners of Ashers bakery, who were found to have violated equality laws for refusing to bake a cake with a pro-gay marriage message, are planning to appeal their case to the highest court in the U.K.
The Court of Appeals in Belfast upheld the original ruling that the bakery discriminated against Gareth Lee, a member of LGBT advocacy group Queer Space, for refusing his order for a cake that had the slogan "Support Gay Marriage," the Evening Standard reported.
Ashers owners Daniel and Amy McArthur have asked permission from judges if they can challenge the ruling at the Supreme Court. However, the legal team supporting them believe that the appeal to the U.K.'s highest court may not be possible under legislation related to appeals in civil cases.
The lawyers have written to the appeal court judges requesting for a ruling to clarify the position.
"In view of the complexity of these issues... and the wider public importance which this case clearly has, and in order to make clear that the appellants (Ashers) have exhausted their domestic remedies... we respectfully invite the Court of Appeal to consider giving a short ruling on the question of whether appeal to the United Kingdom Supreme Court is available in this case," the letter stated.
Simon Calvert of the Christian Institute, which supported the McArthurs in their legal battle, is not optimistic about the possibility of an appeal.
"Under the complex rules regarding appeals in civil cases, such as the Ashers case, the Court of Appeal decision seems to be final, according to the terms of the Judicature Act 1978," said Calvert.
The couple is also thinking of taking the case to the European Court of Human Rights if the Supreme Court is ruled out as an option.
In the original ruling, the judge ruled that religious beliefs cannot dictate the law and ordered the bakers to pay damages of £500. In their appeal, the owners argued that they objected to the message the Lee wanted to put on the cake, not his sexuality.
The Court of Appeals judges rejected the argument in October and ruled that Ashers had directly discriminated Lee. Northern Ireland's Lord Chief Justice, Sir Declan Morgan, contended that baking the cake would not have equated to an endorsement of same-sex marriage.
The McArthurs thanked the churches and individuals who supported them in their legal battle. They stated that they "do not feel defeated or dismayed" despite losing their appeal in Belfast.