The Same-Sex Marriage Cake cases and the Forced Speech Argument

This presentation aims to contribute to the debates on the hard cases of balancing freedom of religion and enforcing antidiscrimination law. It will focus on Lee v. Ashers Baking Company where the UK Supreme Court held there is no discrimination in the access to goods and services where a bakery refuses to supply a cake iced with the message “support gay marriage”. It will criticise the ruling focusing on the need to enforce antidiscrimination law in the access to goods and services by focusing on the social meaning of the need to enforce antidiscrimination law, the message that it sends. It will respond to the forced speech argument by comparing it with other cases of artistic expression. In all these cases, it is important to focus on the quality of the person refused the service or the good.