What is in Kelvin's Head?

  • 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.

    , , , ,

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    Reply
    1. kelvin Avatar
      kelvin

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

      Reply

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