Sample Case Study Paper on Evaluation of Lee vs Asher’s Bakery

The analysis and assessment of the universal declaration of human rights espouses
a broader understanding of human rights law. Notably, human rights assert and represent
profound fundamental freedoms for every individual, in light of color, language, sexual
orientation, gender, and race. In the same aspect of influence, the declaration has facilitated an
increase in international human rights agreements, conventions, and constitutional provisions.
Specifically, in UK Supreme Court, a case involving a local enterprise, Asher’s Bakery, who
disputed taking an order, written, “Support gay Marriage”. The act made Mr. Lee, the gay man,
to endure prejudice and discrimination on the grounds of political opinion, sexual orientation,
and religious beliefs. Lady Hale's rational decision asserted the court verdict through the
separation of human rights between the equality act (Sexual Orientation) and political opinion 1 .
The court facilitated the analysis of potential trade-offs comprising of freedom of conscience on
Asher’s bakery’s, freedom of expression regarding the LGBT community, and nondiscrimination
on customers.
The court disputed the case on the grounds of the bisexual community’s association and
protection of individual characteristics of the LBGT community 2 . The court verdict established
that the bakery should offer services without considering sexual orientation of the person.
Additionally, the evidence presented asserted that the bakery was to serve its employees and
clients in a non-discriminatory manner. According to Mr. Lee's appraisal, the court established
that, there was dissociable between the victim and the bakery since Asher’s bakery only disputed

1 Donnelly, Jack, and Daniel J. Whelan. International human rights. Hachette UK, 2017.
2 Ettore Perriello, Luca. "Discrimination Based on Sexual Orientation and Religious Freedom in European Contract
Law." Italian LJ 4 (2018): 639., Luca. "Discrimination Based on Sexual Orientation and Religious Freedom
in European Contract Law." Italian LJ 4 (2018): 639.

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the message on the cake but not a particular individual. The court established that it was effective
and competent to heed McArthur's rights according to the European Convention on Human
rights on the effects of FETO. Additionally, the court asserted its ruling according to the Article
9 of the convention, that every individual has the right to freedom of thought, religious beliefs,
and conscience. On the same aspect of influence, the court verdict offered that MacArthur has a
right to freedom of expression as projected in the Article 10 of the convention. The case took a
long time since criminalizing MacArthur's freedom of expression since the bakery owners lacked
the capacity to express their appraisal regarding their religions and believes. Particularly, in this
case, the bakery owners forced to produce a cake with a message, which was against its religious
believers and actions.
An active analysis and comprehension of the case was vital in the Supreme Court to
enable exercise of the human rights, which provided a verdict that the Asher exercised equality
and service delivery to Mr. Lee without discrimination 3 . As a result, assessment of the case
helped the court establish the verdict that business owners should not discriminate against any of
their clients due to sexual orientation. The court assessed that the human rights’ effective
functionality should offer an equilibrium agreement to both affected parties since the case was
sensitive and characterized by a mixed outcome. Additionally, the court verdict restricted the
freedom of expression of which asserted on prejudice in service delivery because of
disagreement on obtaining a message. On the other hand, the court helped in the analysis of
potential trade-offs comprising of freedom of conscience on the Asher’s backers, freedom of
expression regarding the LGBT community, and nondiscrimination on customers. Modern liberal
societies have fostered an increase in secularism and religions that provides conservative traits 4 .
3 Grosso, Jonathan. "Modus Vivendi: A Doctrinal Analysis of the Same-Sex Marriage vs. Religious Freedom
Problem." J. Transnat'l L. & Pol'y 27 (2017): 173.

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In Asher's case, the LGBT community has established its political capacity to project minority
community pleas and as a result, this has helped in the decrease in previous privileged status.
In the case of the Asher's bakery, the verdict helped to give a voice to the minority
community, which reduced cases of segregation to promote comprehension on genetic
discrimination. The court verdict illustrated that socially salient individuals are vital in the
mainstreaming of the social interactions integrated with social contexts. The social context of
learning from the case includes culture, history, and identifiable features. In Asher’s case, if the
client ordered a different cake with a different message, they would have served the clients no
matter his or her sexual orientation.
Asher's appraisal in establishing the cake as an irony helps in broader analysis and
comprehension of the aspects to establish if the cake pivoted gay marriage opposition and
supports gay marriage suppository. Notably, it is vital for the court to establish the conception of
prejudice among the gay salient group to trigger equality in human rights representation. Gay
marriage and mainstreaming on the LGBT community fosters the analysis as a political course
and representation of the salient groups in our community
In the understanding of political affiliation, Asher's actions were discriminatory since his
organization's decision-making triggered and targeted a political cause. Moreover, Asher’s
would have focused on the rationale of ethical theories such as noticing intersectionality in its
organization in relation to service delivery. As a result, Asher’s rationale on ethical theories
gives scholars a broader comprehension of the essential reason for archetypal discrimination.
Contrary to Mr. Lee's appraisal, the court verdict established that Asher's bakery only disputed

4 Lawrence, David. "What’s wrong with homophobic bakeries? A critical discussion of discrimination and its
interaction with political freedoms and religious conscience, drawing on the Asher’s Bakery case in
Northern Ireland and Kasper Lippert-Rasmussen’s theory of discrimination." Ethical Theory and Moral
Practice 22, no. 1 (2019): 61-76.

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the message on the cake but not a particular individual. The court established that it was effective
and competent to heed McArthur's rights according to the European Convention on Human
rights on the effects of FETO.
The Irish court established a final verdict of the court through a rush assessment of the
case. Consequently, the court made a rush verdict against Asher’s bakery, who were mandated to
pay a fine to Mr. Lee for sexual orientation charges. As a result, this assisted the court of law to
analyze the extent to which salient groups exercise their power. The court assessed that the
human rights’ effective functionality should offer an equilibrium agreement to both affected
parties since the case was sensitive and characterized by mixed outcomes. Case law ascribed to
the Irish constitution offers a comprehension on liberal democracy in advocating democracy
among its citizens. For instance, gender stereotyping champions for the equity among all the
affected parties, enabling equilibrium in agreement to both affected entities, since a significant
number of cases are sensitive and are characterized by mixed outcomes.

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Bibliography

Casey, Gerard. ZAP: Free Speech and Tolerance in the Light of the Zero Aggression Principle. Vol. 67.
Andrews UK Limited, 2019.
Donnelly, Jack, and Daniel J. Whelan. International human rights. Hachette UK, 2017.
Elphick, Liam. "Sexual Orientation and Gay Wedding Cake Cases under Australian Anti-Discrimination
Legislation: A Fuller Approach to Religious Exemptions." Adel. L. Rev. 38 (2017): 149.
Grosso, Jonathan. "Modus Vivendi: A Doctrinal Analysis of the Same-Sex Marriage vs. Religious
Freedom Problem." J. Transnat'l L. & Pol'y 27 (2017): 173.
Lawrence, David. "What’s wrong with homophobic bakeries? A critical discussion of discrimination and
its interaction with political freedoms and religious conscience, drawing on the Asher’s Bakery
case in Northern Ireland and Kasper Lippert-Rasmussen’s theory of discrimination." Ethical
Theory and Moral Practice 22, no. 1 (2019): 61-76.
Ettore Perriello, Luca. "Discrimination Based on Sexual Orientation and Religious Freedom in European
Contract Law." Italian LJ 4 (2018): 639., Luca. "Discrimination Based on Sexual Orientation and
Religious Freedom in European Contract Law." Italian LJ 4 (2018): 639.
Wintemute, Robert. "Message-Printing Businesses, Non-Discrimination and Free Expression: Northern
Ireland's ‘Support Gay Marriage’Cake Case." King's Law Journal 26, no. 3 (2015): 348-356.