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The Weekly Law Reports

[2018] 3 WLR 1294

Supreme Court

Lee

Ashers Baking Co Ltd and others

Reference by the Attorney General for Northern Ireland (Equality Commission for Northern Ireland and others intervening)

Reference by the Attorney General for Northern Ireland (No 2) (Equality Commission for Northern Ireland and others intervening)

[2018] UKSC 49

2018 May 1, 2;
Oct 10

Baroness Hale of Richmond PSC, Lord Kerr of Tonaghmore, Lord Hodge, Lady Black JJSC, Lord Mance

Devolution— Northern Ireland— Devolution issue— Appeal by way of case stated to Court of Appeal— Attorney General for Northern Ireland joined as party— Court of Appeal delivering judgment— Before final order made Attorney General for Northern Ireland requiring Court of Appeal to refer devolution issue to Supreme Court— Court of Appeal declining to do so because proceedings at an end— Whether proceedings at an end— Whether Court of Appeal in error in declining to refer issue to Supreme Court— Judicature (Northern Ireland) Act 1978 (c 23), s 42(6) — Northern Ireland Act 1998 (c 47) (as amended by Justice (Northern Ireland) Act 2002 (c 26), Sch 7, para 2(6) and Constitutional Reform Act 2005 (c 4), Sch 9, para 118(4)), s 24(1), Sch 10, para 33 — County Courts (Northern Ireland) Order 1980 (SI 1980/397 (NI 3)), art 61(1)(7)

Discrimination— Sexual orientation— Less favourable treatment— Plaintiff homosexual man placing order with bakery for cake to be iced with words “support gay marriage”— Owners of bakery sincerely believing marriage to be union between one man and one woman— Owners refusing to accept order— Plaintiff bringing action against bakery and owners for damages for unlawful discrimination contrary to subordinate legislation— Whether discrimination on grounds of sexual orientation— Whether discrimination on grounds of religious or political belief— Whether subordinate legislation compatible with owners’ Convention rights to freedom of conscience and expression— Human Rights Act 1998 (c 42), s 1, Sch 1, Pt I, arts 9, 10 [1] — Fair Employment and Treatment (Northern Ireland) Order 1998 (SI 1998/3162) (as amended by Fair Employment and Treatment Order (Amendment) Regulations (Northern Ireland) 2003 (SR 2003/520), reg 4), arts 3, 28 [1] — Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (SR 2006/439), reg 3(1)(a) [1]

Supreme Court— Jurisdiction— Appeal to— Appeal by way of case stated to Court of Appeal in Northern Ireland— Statutory provisions making decision of Court of Appeal final— Exception for question as to validity of measure of Northern Ireland assembly or predecessors— Attorney General for Northern Ireland joined as party in Court of Appeal— Court of Appeal delivering judgment— 1295Before final order made Attorney General for Northern Ireland requiring Court of Appeal to refer devolution issue to Supreme Court— Court of Appeal declining to do so because proceedings at an end— Whether Court of Appeal’s error in declining to make reference rendering appeal to Supreme Court competent in case not falling within statutory exception— Judicature (Northern Ireland) Act 1978 (c 23), s 42(6) [1] — Northern Ireland Act 1998 (c 47) (as amended by Justice (Northern Ireland) Act 2002 (c 26), Sch 7, para 2(6) and Constitutional Reform Act 2005 (c 4), Sch 9, para 118(4)), s 24(1), Sch 10, para 33 [1] — County Courts (Northern Ireland) Order 1980 (SI 1980/397 (NI 3)), art 61(1)(7)[1]

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