Showing posts with label Northern Ireland. Show all posts
Showing posts with label Northern Ireland. Show all posts

Thursday, December 08, 2022

UK Supreme Court Upholds Northern Ireland Abortion Clinic Buffer Zone Law

In Reference by the Attorney General for Northern Ireland - Abortion Services (Safe Access Zones) (Northern Ireland) Bill, (UK SC, Dec. 7, 2022), the United Kingdom Supreme Court held that Northern Ireland legislation creating a safe access zone of 100 meters from abortion clinic entrances that is off limits to abortion protesters does not violate the European Convention on Human Rights. The Court said in part:

156. The right of women in Northern Ireland to access abortion services has now been established in law through the processes of democracy. That legal right should not be obstructed or impaired by the accommodation of claims by opponents of the legislation based, some might think ironically, on the liberal values protected by the Convention. A legal system which enabled those who had lost the political debate to undermine the legislation permitting abortion, by relying on freedom of conscience, freedom of expression and freedom of assembly, would in practice align the law with the values of the opponents of reform and deprive women of the protection of rights which have been legislatively enacted.

A press release by the Court summarizes the 56-page opinion.  Catholic World Report discusses the decision.

Thursday, January 06, 2022

European Court Dismisses Challenge To Baker's Refusal To Supply Cake With Pro-Gay Marriage Inscription

In a much-awaited decision, the European Court of Human Rights managed to avoid dealing directly with the central question in a case pitting LGBTQ rights against religious freedom rights of owners of commercial establishments. In Lee v. United Kingdom, (ECHR, Jan. 6, 2022), Gareth Lee, a gay man, ordered a cake from a bakery in Belfast. He asked for the cake to be decorated with the slogan "Support Gay Marriage."  He planned to take it to a private event being held to mark the end of Northern Ireland Anti-Homophobia and Transphobia Week and being held to gather political support for pending legislation to legalize same-sex marriage. The bakery, Ashers Baking Company, rejected the order because the company owners' Christian religious beliefs were opposed to same-sex marriage.

Lee filed suit in a county court in Northern Ireland claiming a violation of Northern Ireland's Equality Act and its Fair Employment and Treatment Order, which, among other things, bar sexual orientation discrimination in the provision of goods or services and discrimination on the basis of religious belief or political opinion. The case wound its way up to the U.K.'s Supreme Court which concluded that there was no sexual orientation discrimination because the bakery would have refused to supply the cake with that inscription to anyone. It also rejected the political opinion discrimination claim.

Lee appealed to the European Court of Human Rights. In yesterday's decision, the court dismissed the appeal, finding that Lee "did not invoke his Convention rights expressly at any point in the domestic proceedings.  Instead he formulated his claim by reference to [Northern Ireland's domestic law]." By failing to assert his rights under the European Convention in the courts of Northern Ireland, Lee failed to exhaust his domestic remedies.  The court said in part:

75.  ... As the Supreme Court of the United States pointed out in Masterpiece Cakeshop Ltd, these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market.... This is particularly so in Northern Ireland, where there is a large and strong faith community, where the LGBTIQ community has endured a history of considerable discrimination and intimidation, and where conflict between the rights of these two communities has long been a feature of public debate....

Reuters reports on the decision. [Thanks to several readers for alerting me to the decision.]

Friday, October 04, 2019

Northern Ireland's Abortion Restrictions Violate European Human Rights Convention

Yesterday, the High Court in Northern Ireland held that Northern Ireland's abortion law is incompatible with Article 8 of the European Convention on Human Rights insofar as it bars abortions in cases of fatal fetal abnormality. As explained in a Summary of Judgment issued by the court:
In June 2018, the UK Supreme Court ... dismissed an appeal by the Northern Ireland Human Rights Commission... over the legality of the abortion laws in Northern Ireland. A termination is only permitted if a woman’s life is at risk or if there is a risk of permanent and serious damage to her mental or physical health.... The majority of the UKSC held that the abortion law in Northern Ireland was incompatible with Article 8 ECHR [European Convention on Human Rights] in cases of FFA, rape and incest in that it denied women in these situations a lawful termination of their pregnancies for those who wish for it but dismissed the appeal, however, on the procedural issue that the NIHRC did not have the standing to bring the appeal....
Mrs Justice Keegan said she intended to follow the ruling of the UKSC that the law in Northern Ireland is incompatible with human rights in cases of FFA. She declined to follow a course which involved her effectively reopening the arguments already made and decided in relation to Article 8 incompatibility by the UKSC. The judge commented that the decision on substantive compatibility issues was intended by the UKSC to have persuasive force and that any matters of contention in respect of that decision should be corrected by the UKSC itself or by the European Court of Human Rights (“ECtHR”).
A full text of the decision is not yet posted online. The Guardian reports on the decision.

Friday, June 29, 2018

Northern Ireland Appeals Court Says Humanist Wedding Officiants Are Permitted

In In re Laura Smyth, (NI Ct. App., June 28, 2018), the Northern Ireland Court of Appeal held that the General Register Office should have granted a license under the Marriage (Northern Ireland) Order 2003 to a marriage celebrant to perform a Humanist marriage ceremony for a couple seeking it. Northern Ireland's marriage law has separate provisions for civil marriages and religious marriages. The appeals court held that it would violate the European Convention on Human Rights' conscience protections (Art. 9) and its anti-discrimination provisions (Art. 14) to deny the license.  The Humanist officiant should be licensed under the Section 31 of the Marriage Order. While that provision is usually the basis for appointing a person to solemnize a civil marriage, the Marriage Order should be read to allow the Humanist officiant to conduct a ceremony that includes readings supporting or promoting humanist beliefs. The full text of the decision is not yet available online, but a lengthy court-authorized Summary of Judgment is available. Irish Legal News reports on the decision.

Friday, August 18, 2017

Northern Ireland Court Says No Right To Same-Sex Marriage

A trial court judge in the High Court of Northern Ireland yesterday held that the rights of same-sex couples under the European Convention on Human Rights are not infringed by the law of Northern Ireland which allows them only enter civil partnerships rather than full marriage.  As reported by The Independent, the decision comes in two cases heard together.  A press release by the court describes the opinion in one of the cases.  The judge pointed out that the European Court of Human Rights has already held that same-sex marriage is not a right under the Convention.  The judge observed, however:
To the frustration of supporters of same sex marriage the Assembly has not yet passed into law any measure to recognise and introduce same sex marriage. Their frustration is increased by the fact that the Assembly has voted by a majority in favour of same sex marriage, but by reason of special voting arrangements which reflect the troubled past of this State, that majority has not been sufficient to give the vote effect in law.
The Democratic Unionist Party has blocked passage of a law to allow same-sex marriage in Northern Ireland, even though it is recognized in the Irish Republic, England, Scotland and Wales. Law & Religion UK reports on the decision.

Monday, June 12, 2017

Northern Ireland Court Says Humanist Wedding Ceremonies Must Be Recognized

According to Belfast News Letter, on Friday the Belfast, Northern Ireland High Court ruled that Humanist wedding ceremonies must be recognized, and that refusal to do so violates the European Convention on Human Rights.  The ruling came in the high profile planned marriage of football star Eunan O’Kane and model Laura Lacole. Authorities had told them that they would need a separate civil ceremony for legal recognition of their marriage.  The matter may not be finally settled however. Northern Ireland's Attorney General says he plans to appeal the High Court's decision.

Tuesday, October 25, 2016

Northern Ireland Appeals Court Upholds Anti-Gay Discrimination Finding Against Bakery

In a widely watched case, the Court of Appeal in Northern Ireland yesterday upheld the finding of a trial judge that a bakery had illegally discriminated on the basis of sexual orientation in the  provision of goods and services to the public when it refused an order for a cake for a private event marking the end of 'Northern Ireland Anti-homophobic Week' and the political momentum towards same-sex marriage legislation.  The cake was to feature a picture of 'Bert and Ernie' (the logo for QueerSpace) with the caption, "Support Gay Marriage."  In Lee v. McArthur, (NI CA, Oct. 24, 2016), the 3-judge panel rejected the religious freedom and compelled speech defenses advanced by Ashers Bakery.  The court rejected the notion that the cake forced the bakery to express approval for same-sex marriage, saying in part:
The fact that a baker provides a cake for a particular team or portrays witches on a Halloween cake does not indicate any support for either.
The court rejected broadly defendants' religious discrimination arguments, saying:
Anyone who applies a religious aspect or a political aspect to the provision of services may be caught by equality legislation, not because the legislation treats their religious belief or political opinion less favourably but because that person seeks to distinguish, on a basis that is prohibited, between those who will receive their service and those who will not....  In the present case the appellants might elect not to provide a service that involves any religious or political message. What they may not do is provide a service that only reflects their own political or religious belief in relation to sexual orientation.
The Guardian, reporting on the decision, says that the decision will be appealed to the UK's Supreme Court.

Wednesday, January 06, 2016

Northern Ireland Court Acquits Pastor Charged With Internet Broadcast of Anti-Muslim Sermon

In Belfast, Northern Ireland yesterday, a Magistrate's Court acquitted 78-year old Pastor James McConnell who had been indicted on two charges under Britain's Communications Act 2003 for anti-Muslim comments he made in a May 2014 sermon that was streamed online. The Belfast Telegraph reports that McConnell was charged with improper use of a public electronic communications network and causing a grossly offensive message to be sent by means of a public electronic communications network.  At issue were the pastor's statements that Islam is a "doctrine spawned in hell," that it is heathen and satanic, and that he does not trust Muslims. The court ruled that while the statements are offensive, they did not reach the level of being "grossly offensive."  The court also concluded that the pastor had not intentionally caused offense. According to the court:
He is a man with strong, passionate and sincerely held beliefs. In my view Pastor McConnell's mindset was that he was preaching to the converted in the form of his own congregation and like-minded people who were listening to his service rather than preaching to the worldwide internet.
His passion and enthusiasm for his subject caused him to, so to speak, 'lose the run of himself'."
He added that "the right to freedom of expression includes the right to say things or express opinions that offend, shock or disturb..."

UPDATE: Here is the full text of the opinion in DPP v. McConnell.  Law & Religion UK has additional discussion of the decision.

Wednesday, May 20, 2015

Northern Ireland Court Says Bakery Violated Anti-Discrimination Laws In Refusing Cake Promoting Gay Marriage

As reported by the New York Times,  yesterday in a widely followed case a court in Northern Ireland held that owners of a Belfast bakery chain illegally discriminated on the basis of sexual orientation when they refused on religious grounds to provide a customer with a cake featuring the Sesame Street characters Bert and Ernie and the inscription "Support gay marriage."  In Lee v. Ashers Baking Co. Ltd, (County Ct. N. Ireland, May 19, 2015), the court said:
Much as I acknowledge fully their religious belief is that gay marriage is sinful, they are in a business supplying services to all, however constituted.  The law requires them to do just that...
The court observed that a different result "would allow a religious belief to dictate what the law is."  The widely followed case grew out of a cake order placed by a gay man who planned to attend a private event marking the end of Northern Ireland anti-homophobia week.