'Gay cake' case: Court allows Attorney General John Larkin to participate in discrimination appeal

In 2015, Ashers bakery was ordered to pay £500 pounds for refusing to make a cake with a pro-gay marriage slogan

Senior judges have allowed Northern Ireland's Attorney General John Larkin to participate in an appeal of the so-called "gay cake" discrimination case.

Last year, a Christian-run bakery was ordered to pay £500 for refusing a cake order with a pro-gay marriage slogan.

Ashers bakery is appealing the ruling.

Mr Larkin has been granted permission to take part after arguing that sexual orientation regulations in Northern Ireland discriminate against those who hold religious or political beliefs.

'Enormous ramifications'

The controversy began in 2014, when gay rights activist Gareth Lee commissioned a cake from Ashers for an event to mark International Day Against Homophobia and Transphobia.

Mr Lee asked for the cake to depict the Sesame Street characters Bert and Ernie and to be decorated with the words 'Support Gay Marriage'.

Ashers told the customer the slogan went against their Christian faith

Although Ashers initially took details of his request, the firm later contacted him to say they would not fulfil the order because the slogan went against their Christian faith.

Mr Lee took the firm to court and in May 2015, a Belfast County Court judge ruled that Ashers had discriminated against Mr Lee on grounds of his sexual orientation.

During the original hearing, Ashers' representatives insisted the problem was the slogan on the cake, not the customer.

Ashers general manager Daniel McArthur is appealing the ruling that his firm discriminated against a gay customer

But Mr Lee claimed he was left feeling like a lesser person when his order was turned down.

The baking company's attempt to appeal the ruling was stalled last month by a last-minute intervention by the attorney general.

In court on Thursday, Mr Larkin argued there was a theological context to the interpretation of the sexual orientation regulations in the case and said the ramifications were "potentially enormous".

"The issue of political and religious discrimination is direct," Mr Larkin told the court.

Devolution notices

The three senior judges hearing the appeal - Lord Chief Justice, Sir Declan Morgan, Lord Justice Weir and Lord Justice Gillen - agreed Mr Larkin raised an arguable case.

The lord chief justice said: "We are satisfied that there is an issue about whether or not the relevant statutes give rise to direct discrimination issues which is more than frivolous and vexatious."

The judges decided to issue devolution notices on the sexual orientations regulations and also a Fair Employment and Treatment Order.

The move gives Mr Larkin authorisation to make representations when Ashers go back to court seeking to overturn the verdict against them at a full hearing in May.