Jacob Rowbottom: Cakes, Gay Marriage and the Right against Compelled Speech

UK Constitutional Law Association

In the high-profile decision in Lee v Ashers, the Supreme Court had to consider a customer’s rights against discrimination along with the baker’s right to freedom of expression. In its finding for the baker, the Supreme Court took an important step in developing a domestic doctrine against ‘compelled speech’. While the outcome of the case divides opinion, the reasoning of the Court requires further consideration of when a person has a right not express a particular view.

The facts of the case are well known. Mr Lee sought to buy a cake with the message ‘support gay marriage’. The bakers refused to go through with the order on the grounds that it went against their religious beliefs. The customer then complained that the refusal amounted to unlawful discrimination. The Supreme Court found that the refusal did not amount to discrimination on the grounds of sexual orientation, as the bakers…

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About Jim Rose

Utopia - you are standing in it promotes a classical liberal view of the world and champion the mass flourishing of humanity through capitalism and the rule of law. The origin of the blog is explained in the first blog post at https://utopiayouarestandinginit.wordpress.com/2014/03/12/why-call-my-blog-utopia-you-are-standing-in-it/

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