• Why the cake decision is the right decision

    cakeThere has been a judgement this morning in an iconic legal case in Northern Ireland. A judge has found that a bakery discriminated against a gay customer over their refusal to bake a cake which had a slogan on it supporting the right of gay people to be married.

    The decision was the right one. There will be shrieks of outrage from many. There will be a backlash which may be dreadful. However it is still the right decision.

    It is the right decision because the law is quite clear that people can’t be denied goods or services because they happen to be gay.

    If there were opt outs from this law because of the views of those supplying goods and services then the law would have no effect at all. That’s the whole point of this law. If gay people are going to be able to live in a world where they are not discriminated against then godly Christians don’t get to chose not to have that law. So called bible-believing Christians didn’t ought to have a problem with this because they have an obligation to live under the law. Check out Romans 13 if you don’t believe me.

    This is also not a clash of rights between the gays and the Christians. No. Gay people have a right not to be discriminated against in shops but crucially the same law gives the same right to Christians. If a Christian wants to go into a shop and order a cake then gay owners can’t discriminate against them on the grounds of religion.

    The point of all this is not that gay people are privileged in the law, they are not. The point is that customers, all customers, are protected from being discriminated against due to their sexuality or their religion or indeed a number of other categories too.

    You can’t refuse to bake a cake because your customers want it to say, “God so loved the world that he gave his only son Jesus”. You can’t refuse to have a Christian couple staying in your Bed and Breakfast because you happen to be a pagan or an atheist. And that’s right and proper. You can’t refuse to produce a pro-gay cake nor refuse a gay couple a bed in a B and B. And that’s right too.

    These rights are what we need for a good society to flourish.

    People sometimes remember the kind of signs that used to appear outside premises before the various pieces of anti-discrimination law were passed.

    “No blacks, no dogs, no Irish” is one famous example of appalling discrimination.

    Those in Northern Ireland need to remember that these laws protect us all.

9 responses to “The Marriage Business”

  1. Rhea Avatar
    Rhea

    I thought that what the government actually said was more of a “obviously with the current canon laws in place, the C of E and the Church in Wales won’t be able to opt in to marriage equality because their canon laws clearly state that marriage is between one man and one woman.”

    To me the ultimate issue is with the churches and their canon laws that need to be changed, no?

    1. Rhea Avatar
      Rhea

      I just saw this: http://www.bbc.co.uk/news/uk-politics-20680924

      What in the world is the government thinking?!

      1. kelvin Avatar

        Here’s the original announcement – quite clear that it isn’t just about Canon Law. They really are trying to make it illegal for the C of E and Church in Wales to opt in.

        http://www.culture.gov.uk/news/media_releases/9585.aspx

      2. Beth Avatar

        The irony that that Department of Culture page is titled “Marriage For Everyone” absolutely knocks me down.

        I think that this more than anything else that has happened in equal marriage legislation this year has a real chance of being ruled illegal under Article 9 of the Human Rights Convention.

  2. Peter Higson Avatar
    Peter Higson

    Church of England clergy, and Church in Wales clergy, may take note of Giles Fraser’s suggestion: “So it will now be illegal for me to marry two people who live (with) each other. Now there is a cause worth going to prison for.” as report in the Independent.

    1. kelvin Avatar

      Yes – I saw that tweet from Giles. Whilst supporting the sentiment, I suspect that he is going to have to work quite hard to find a judge willing to send him to prison for it.

  3. Martin Reynolds Avatar
    Martin Reynolds

    Yes, bizarre is the right word!

    When the Church in Wales was disestablished back in 1920 it retained its priveledges and responsibilities with regard to marriage.

    So, parishioners’ absolute legal right to be married in the parish church remains, as does the automatic right of Church in Wales clergy to be able to conduct marriages by virtue of their ordination alone.

    We recently amended our requirements for residence to stay in line with the CofE, while they were able to do it through General Synod we had to resort to a Private Bill.

    It now seems there are to be no EXTRA hurdles required by these two Churches, other than the separate Acts of Parliament they would need to change their current practice following agreement of General Synod or Governing Body.

  4. Ali Avatar
    Ali

    “if your denomination cannot or will not opt in then the time has come for you to stand up for what’s right. If you support equality, do something about it and show us what you are made of.” you not doing any more weddings until the SEC opts in then. Kelvin?

    1. kelvin Avatar

      I think it quite likely that should the Scottish Episcopal Church chose not to opt into the coming legislation then I would come to be view that the time had come to stop signing marriage papers. That is not the same thing, of course, as stopping doing weddings.

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