Christian bakers have won an unlikely ally in cake row

“A healthy society is one where different views can be held and the right to hold those views, subject to the common good, is cherished rather than resisted”, writes, Editor Michael Kelly

The McArthur family, who run the Ashers Bakery Company in the North, are back in court this week to appeal an earlier finding that they broke the law by refusing to bake a cake with a pro-same-sex marriage slogan.

The McArthur’s are evangelical Christians who believe that marriage is a unique institution between one man and one woman (an uncontroversial point of view until just a few years ago). In the original case, they argued that they happily bake cakes for all customers regardless of sexual orientation. Their objection in this particular case was to the inclusion of a political slogan that they knew, in conscience, they could not support.

The Equality Commission decided that they ought to be prosecuted and, consequently, had no right to uphold their conscience. In short, the Commission appeared to be arguing that anyone providing goods and services had no right to conscientiously object. A Jewish printer, for example, would be obliged to print material from far-right extremists spreading anti-Jewish conspiracy theories.

The court agreed with the Equality Commission and ordered the family to pay £500 to the gay activist who had requested the cake. It is this decision that the family are now appealing.

The McArthur’s have won an unlikely supporter to their appeal in the prominent gay activist Peter Tatchell. Mr Tatchell, who originally supported action being taken against the bakers, now says he has changed him mind and insists that the verdict was wrong and could set a precedent for other businesses to act against their firmly held genuine beliefs.

Describing the legal action against the bakers as “a step too far”, he said that he now believed the court was “wrong to penalise Ashers and I was wrong to endorse its decision”.

Endorsing the bakers’ original defence, Mr Tatchell said: “His cake request was refused not because he was gay, but because of the message he asked for. There is no evidence that his sexuality was the reason Ashers declined his order.”

Mr Tatchell deserves credit for being willing to change him mind, and to do so publicly.

Anti-discrimination legislation was introduced to prevent people being unjustly barred from jobs and housing or being denied good and services. It did not envisage forcing people to act against their sincere and genuinely-held beliefs.

The action against Ashers hints at a hierarchy of acceptable rights in society. Those deemed to be wrong – in this case those opposed to same-sex marriage – deserve to be shouted down and harassed for holding what are deemed to be unpopular views by the commentariat.

A just and pluralist society is one where views and opinions, sometimes strongly voiced and stridently defended, deserve to be heard. A healthy society is one where different views can be held and the right to hold those views, subject to the common good, is cherished rather than resisted.

Society is all the poorer for the rush to silence dissenting voices. Common sense should prevail and the Court of Appeal should find that the McArthur’s are not in breach of the law.

If this proves impossible within the current legal framework, politicians must amend the law to ensure that freedom of thought is a cornerstone of democratic values.