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European Court of Human Rights deems Belfast ‘gay cake’ case inadmissible

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The European Court of Human Rights has thrown out the ‘gay cake’ case, saying that the plaintiff Gareth Lee failed to “exhaust domestic remedies” throughout the duration of the legal battle.

Mr Lee opened the case after he felt that he was discriminated against by a Belfast-based bakery when they refused to make a “Support Gay Marriage” cake.The LGBTQ+ activist involved with Queer Space originally ordered the cake from Ashers in May 2014, with the intention of bringing it to a private function marking International Day Against Homophobia.

The dessert was to feature Sesame Street puppets Bert and Ernie, with the slogan “Support Gay Marriage”.The order was accepted with Mr Lee paying £36.50, but two days later, the Christian owners called to say they could not proceed with the design due to the message requested.

The legal case was launched subsequently with the support of Northern Ireland’s Equality Commission, as Mr Lee alleged discrimination on the grounds of sexuality.The plaintiff was successful at a 2015 hearing in the county court, and at a 2016 hearing in the Northern Ireland Court of Appeal.

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