Freedom of expression basis for Ashers appeal

Lawyers acting for the bakery – which is run by Christians – have now revealed that they will cite similar legal cases from around the world which support the view that a supplier should not be compelled to express a view which is contrary to their core beliefs.

Ashers Baking Company was taken to court by gay rights activist Gareth Lee, backed by the NI Equality Commission.

In May a Belfast judge said Ashers was guilty of discrimination, in a case which made headlines across the world.

At the time the Belfast firm’s general manager Daniel McArthur said they were “extremely disappointed” at the ruling and were considering an appeal.

Last night the Christian Institute, which has supported the McArthurs throughout their battle, said they were confident they would overturn the decision in the Court of Appeal next month.

It is understood the McArthurs’ legal team believe that the previous hearing was wrong to say the firm’s human rights were not engaged.

And, as a result, one of Northern Ireland’s foremost legal minds – human rights specialist Professor Christopher McCrudden – has joined their legal team.

The case will primarily be fought on Article 10 of the European Convention of Human Rights - the right to freedom of expression - which states that nobody should be compelled to express a view at odds with their core beliefs.

International cases will also be used.

Secondary arguments will also be made that supplying the cake would have contravened Article 9 – the right to freedom of thought, conscience and religion.

Christian Institute spokesman Simon Calvert said last night: “We have always believed in the rightness of the McArthur case as have many people across Northern Ireland.

“We cited these human rights issues in the county court hearing but we did not think that court engaged properly on this.”

He believes that the involvement of Professor McCrudden - whose specialises in human rights law - will make a significant difference.

Professor McCrudden is Professor of Human Rights and Equality Law at Queen’s and William W Cook Global Law Professor at the University of Michigan Law School.

Until 2011, he was Professor of Human Rights Law at the University of Oxford, and a Fellow of Lincoln College, Oxford.

He studied law at Queen’s University Belfast, Yale University, and Oxford University.

Mr Calvert said: “We’re confident that Ashers’ grounds of appeal are strong.

“There are a number of areas where the county court simply misapplied discrimination law.

“Ashers’ lawyers will also show how the court’s approach breached the right of a person not to be compelled to express views to which they have a strong objection.

“We believe that compelled speech is dangerous because it runs the risk of forcing people to act against their consciences.

“The judge in the county court said this is not a case of compelled speech.

“But the skeleton argument from Ashers’ lawyers says: ‘To regard the baking and icing of the cake by the defendants and their staff as simply the actions of automatons with no personal engagement with their work or with the results of their labour, as simply the unthinking agents of their customers, risks being deeply disrespectful of the work of the defendants.’”

The legal appeal will be heard over two days beginning on Wednesday, February 3.