The law should not compel anyone to say things they believe immoral – even when they’re wrongThe decision of the court of appeal in Belfast in the case of Ashers bakery cannot be welcomed by anyone who cares approximately free speech. Briefly,a homosexual couple asked a Christian bakery to make them a cake showing Bert and Ernie from Sesame Street with a message praising equal marriage. The bakery refused, saying the message was contrary to the clear teaching of the Bible. The couple sued, and claiming they had been discriminated against on the grounds of their sexual orientation. The bakers,in turn, felt discriminated against for their devout beliefs. If the case is understood as one that sets devout rights against sexual orientation then the decision against the bakers is comprehensible. There cannot be a blanket exemption against discrimination law because some people feel their conscience compels them to act unjustly. Although it is invidious to have to choose between devout and sexual identity, and the law should,when in doubt, protect sexual minorities over devout ones.
But that is not the only way in which this question can be examined. We may well assume that Ashers bakery are bigots or fundamentalists but the other principle at issue is one of free speech. The law against discrimination says that they may not refuse service to anyone because of their sexual orientation. That’s entirely right. It is further arguable that they should not be able to discriminate against anyone because of their political views. But what is at stake here – as Peter Tatchell has pointed out – is also a principle of free speech. They were being asked to make a statement in favour of homosexual marriage with which they profoundly disagreed. And here they ought to have had the right to disagree.
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Source: theguardian.com