LISTEN: First Minister says ''gay cake'' case ''should never have been brought to court in the first place''

By Q Radio News/ PA

Northern Ireland’s First Minister Paul Givan said the “gay cake” case “should never have been brought to court in the first place”.

Mr Givan said: “I am glad the European Court of Human Rights has ruled this to be inadmissible.

“It validates the decision of the UK Supreme Court, which was to say that this never should have been brought to court in the first place.”

Mr Givan also said there were “serious questions” for Northern Ireland’s Equality Commission, which backed Gareth Lee in his court actions.

Peter Lynas from the Evangelical Alliance gave Q Radio News this comment.

Peter Lynas

 Aisling Twomey, from the Rainbow Project also gave Q Radio News also gave her reaction to the ruling:

Aisling Twomey

The reactions have come as a complaint by Northern Ireland gay rights activist Gareth Lee that he was discriminated against when the Christian owners of a Belfast bakery refused to make him a cake iced with the slogan “Support Gay Marriage” has been ruled inadmissible by the European Courts of Human Rights.

The ECHR said Mr Lee had failed to “exhaust domestic remedies” in his case.

In 2018, the UK Supreme Court ruled that Mr Lee was not discriminated against when Ashers bakery refused to make him a cake with the slogan supporting gay marriage.

Mr Lee then referred the case to the ECHR, claiming that the Supreme Court failed to give appropriate weight to him under the European Convention of Human Rights.

But, in a ruling, the court said: “Convention arguments must be raised explicitly or in substance before the domestic authorities.”

It added: “The applicant had not invoked his Convention rights at any point in the domestic proceedings.

“By relying solely on domestic law, the applicant had deprived the domestic courts of the opportunity to address any Convention issues raised, instead asking the court to usurp the role of the domestic courts.

“Because he had failed to exhaust domestic remedies, the application was inadmissible.”

Gareth Lee