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European Court throws out Lee v. Ashers “gay cake” case

by News Desk January 6, 2022

The European Court of Human Rights has thrown out a 7-year-old discrimination case of some gay rights activist.

Gareth Lee sued a Christian-run bakery in Belfast, Northern Ireland for refusing to write “Support Gay Marriage” on a cake. Ashers Baking Company said the slogan violated their Christian beliefs.

The European Court deemed the case inadmissible since Lee did not exhaust all the options offered by the United Kingdom courts.

Lee had won the lawsuit in the UK’s lower courts, but the UK Supreme Court disagreed with the lower courts and ruled in favor of the bakery.

Gareth Lee then took the matter to the European Court of Human Rights where it was decided by the majority of the seven judges that the case cannot be taken.

The European Court ruled that the case was inadmissible because Lee did not use his rights under the European Convention of Human Rights while fighting in the domestic courts.

Lee must raise the Convention arguments in the domestic proceedings first – in order for the European Court to accept the case.

The long-running case has drawn a line between Religious Freedom and Discrimination laws in the UK.

At the end of the day, is any private business or person required to do as others say all the time? Wouldn’t everyone then be told what to say, believe, and/or do what the other person says?

It is a long debate which has been decided upon, at least for the time being. Some online are even asking why Lee didn’t go to another bakery?

Lee said he’s disappointed by the decision of the European Court as it was dismissed on a technicality.