Padraig Reidy: The “gay cake” case bedevils Northern Ireland

QueerSpace Belfast / Facebook

QueerSpace Belfast / Facebook

Last Sunday, as Northern Ireland’s footballers prepared to play Finland in a European Championship qualifier, protesters gathered outside Windsor Park, the team’s Belfast home.

The assembled were members of the Free Presbyterian Church. They were angered by the fact that Northern Ireland were playing on a Sunday  – the Sabbath  – for the first time ever.

Reverend Raymond Robinson told the Press Association: “Our opposition is to the breaking of observance of the Lord’s day.

“We believe in the Sabbath being kept holy. It seems more and more that the football agenda is being driven by the television companies and not what God says, or what public opinion is.”

Commentator Newton Emerson was, like many, blase about the protest, tweeting “I think these people are harmless enough now to just count towards our wonderful diversity.”

Be that as it may, Christian fundamentalism still plays a huge role in public life in Northern Ireland. While the old demands for Biblical propriety may seem archaic, a new struggle has emerged over what many religious people in the country see as threats to their religious freedom and way of life. And a cake has become the latest flashpoint.

Asher’s bakery is a business run by a family known for its Christian beliefs. It is named after one of the Biblical Twelve Tribes of Israel. Last summer, the bakery was asked to provide a cake by Gareth Lee, a volunteer for LGBT group QueerSpace.

Lee had requested a cake decorated with a picture of Sesame Street’s Bert and Ernie and the slogan “Support Gay Marriage”.

The bakery initially accepted the order, before then informing Lee that it could not fulfil the deal. The case went to Northern Ireland’s Equality Commission, and, between the jigs and reels, is now in the hands of district judge Isobel Brownie, who will rule on Monday whether the Christian bakers engaged in unlawful discrimination by not delivering the pro-same sex marriage cake.

Meanwhile, the “gay cake” case has raised the spectre of a “conscience clause” in equality legislation in Northern Ireland.

The whole situation is, quite frankly, pitiful. One can preach it, validly, both ways: fundamentalist bigots out of touch with the modern world, and inflicting their bigotry on others, or God-fearing, humble folk sticking by their beliefs in the face of an onslaught they didn’t invite.

I can’t help feel sympathetic towards the McArthurs, the family who own the bakery. Karen McArthur told the court that she had initially accepted the order to avoid embarrassment. Colin McArthur said “On that day I didn’t make a clinical decision. I was examining my heart. I was wrestling it over in my heart and in my mind.” He was, apparently, “deeply troubled”. “We discussed how we could stand before God and bake a cake like this promoting a case like this…”

On the other hand, Gareth Lee said he was left feeling like a lesser person after he was told his order would not be fulfilled.

This shouldn’t be down to who was more upset or offended, but then, on what criteria can we judge it? I don’t think it’s necessarily true to say that Lee is entitled to have any message he wants put on any cake by any person. The prosecution, correctly, pointed out that the message was rejected because of the word “gay”. The defence lawyers suggested that a ruling against the McArthurs could lead to a situation where devout Muslims were legally obliged to decorate cakes with images of Muhammad. While “you wouldn’t say that about the Muslims” is a tedious argument, and one deployed increasingly often by Christians, it’s not, in this case, an entirely unreasonable position.

Hardline Christians see homosexuality as a (wrong) choice people make, or a psychological disorder. I recall watching the Reverend Willie McRea, an MP, once, being asked what support he would offer to a constituent who was a victim of homophobia. McRea replied that he would advise the young man not go down that route: basically, the best way to prevent homophobia is to stop being gay.

Meanwhile, Iris Robinson, wife of Democratic Unionist Party leader Peter Robinson, firmly believes that one can be counselled away from homosexuality.

These people are odd, certainly, but they are not fringe characters who can be dismissed as irrelevant to mainstream society in Northern Ireland.

And even if these views were not mainstream, that would not make the fundamentals of the case any different. But it does seem as if the Equality Commission is trying to drag a segment of Northern Irish society kicking and screaming into the secular world.

So who’s right? Who should win? Reader, I am about to break the columnist’s solemn covenant and admit: I don’t fully know. This is not as clear cut a case of discrimination as, say, barring a gay couple from a Bed and Breakfast: if the McArthurs had simply refused to sell a cake to Lee, that would be clear cut. But the cake was loaded, so to speak. Should this tricky case lead to a “conscience clause” in equality legislation, then one can imagine legitimisation of genuinely discriminatory practices.

At the same time, the McArthurs, are wrong, and one’s initial inclination is to side with the gay rights activist against the religious fundamentalists. But that’s the problem with defending freedom of conscience, (and its expression in freedom of speech). Everyone’s conscience is different.

Northern Ireland beat Finland 2-1, by the way. God’s clearly not very troubled by Sunday football.

This column was posted at indexoncensorship.org on April 2, 2015

Join the Index on Censorship youth board

Index on Censorship is recruiting for its next Youth Advisory Board.

The new board will hold the position for six months from June-November 2015, have the chance to participate in monthly Google Hangout On Air discussions about current freedom of expression issues around the world and the opportunity to write articles to promoting the #IndexDrawtheLine social media debate.

We are looking for enthusiastic young people, aged between 16-25, who will be committed to attending monthly meetings, be quick to respond to emails and who will contribute fresh and interesting ideas to the discussion. You do not need any previous experience to apply.

For information about the current youth board, click here.

Find out more about the Index Youth Advisory Board below:

What is the youth board?

The youth board is a specially selected group of young people aged 16-25 who will advise and inform Index on Censorship’s work, supporting our ambition to fight for free expression all around the world and ensuring our engagement with issues relevant to tomorrow’s leaders.

Why has Index started a youth board?

Index on Censorship is committed to fighting censorship not only now, but also in future generations, and we want to ensure that the realities and challenges experienced by young people in today’s world are properly reflected in our work.

Index is also aware that there are many who would like to commit some or all of their professional lives to fighting for human rights and the youth board is our way of supporting the broadest range of young people to develop their voice, find paths to freely expressing it and potential future employment in the human rights/media/arts sectors.

What does the youth board do?

Board members meet once a month via Google Hangout to discuss the most pressing freedom of expression issues of the moment and participate in research activities.

There is also the opportunity to get involved with events such as debates and workshops for our work with young people and events such as our annual Index Freedom of Expression Awards and Index magazine launches.

How do people get on the youth board?

Each youth board will sit for a term of 6 months. Current board members are invited to reapply up to one time. The board will be selected by Index on Censorship in an open and transparent manner and in accordance with our commitment to promoting diversity.

Why join the Index on Censorship youth board?

You get the chance to be associated with a media and human rights organisation and have the opportunity to discuss issues you feel strongly about with Index and with peers from around the world. At each board meeting we will also give you the chance to speak to someone senior within Index or the media/human rights/arts sectors, helping you to develop your knowledge and extend your personal networks. You’ll also be featured on our website.

Meet the current Youth Advisory Board here

#IndexDrawtheLine: Does extremism have a place on campus?

After strong lobbying from senior Tory peers, two private members’ debating student societies from Oxford and Cambridge universities were exempted from the controversial counter-terror ban on extremist speakers. Even though the two societies are not students’ union bodies and are independent from their universities, the exemption is still problematic.

Educational institutions should be platforms where students can discuss and challenge so-called extremist ideologies. Limiting the discussion to members of two student societies is a threat to students’ freedom of expression. Secondly, this exemption reinforces the elitist system of both Oxford and Cambridge universities.

Universities and students’ unions should stand up against racism and fascism. They should stand up for the rights of students and they should stand up for democracy. If speakers with controversial ideologies are invited to visit universities, students and staff should be at the frontline of every event, listen to what the speakers have to say and, if needed, challenge their ideas.

In 1960, the Cambridge Union had a debate with wartime British fascist leader Sir Oswald Mosley. Throughout the famous debate, students spoke against fascist ideologies and stood up for democracy. Under the new counter-terror ban on extremist speakers, this debate would not have taken place.

Last week, the Liberal Democrats blocked the new laws intended to stop ‘extremist’ speakers from visiting UK universities. The legal guidelines drafted by the Home Office were scrapped after Nick Clegg vetoed the plan.

Even though the guidelines were scrapped, the Telegraph reported that Home Secretary Theresa May, has still urged academics to “play their part” in the prevention of radicalisation.

Radicalisation is a term often used by May, to describe what can happen to students if their universities don’t ban extremist speakers. However, the radicalisation of young people can happen everywhere, particularly online. Universities should be places where young people have the freedom to learn, debate and use their knowledge to challenge guest speakers.

The Home Office’s vetoed guidelines stated that academics and university staff should take responsibility for monitoring student debates. Let’s be clear: academics are not hired to control student’s discussions, they are hired to teach and to provide students with a safe platform where these discussions can happen.

If Cambridge and Oxford students can have an open discussion with extremist speakers, every student should be able to. Most students can’t afford £250 to join a private members’ debating society but that should not bar UK students from having a constructive debate on extremism.

Students who want to discuss and challenge extremist ideologies should be able to do so and students who don’t want extremists visiting their universities should be able to protest without punishment.

That’s the beauty of freedom of speech, right? Everyone gets a say, even the ones with extremist views. Censorship is never the solution and it will only worsen the problem.

What do you think? Does extremism have a place on campus? Tweet your thoughts to #IndexDrawtheLine

This article was posted on 30 March 2015 at indexoncensorship.org

For Juzne Vesti editor, Serbia’s deteriorating media freedom comes as no surprise

Working as a professional journalist in Serbia is hard. Being one in the country’s inland is even harder. Out of the 58 verified incidents involving Serbian media outlets and professionals reported to Index on Censorship’s European Union-funded Mapping Media Freedom, 30 have occurred outside Belgrade; the country’s political, economic and media capital. Four of these incidents have been directed at Juzne Vesti staff.

Launched in 2010 by journalist Predrag Blagojevic, Juzne Vesti is an independent news site based in Nis, a town of 257.000 in southern Serbia. In just over five years, its journalists have been subjected to verbal harassment or death threats 15 times. Though they have reported the incidents to local authorities, it has not resulted in convictions.

“Nobody has been found guilty and punished for the threats,” Blagojevic, who is also the site’s editor-in-chief, told Index.

According to Blagojevic, the main obstacle to punishing those threatening journalists comes from the prosecutor’s office. While he is quick to complement police in the town for their professional and timely investigations, he blames prosecutors for failing to act on the evidence by filing indictments quickly.

“In two situations from four to six months passed from the time the police filed a criminal charge to the prosecutor’s indictments,” Blagojevic explained.

Juzne Vesti correspondent Dragan Marinkovic from Leskovac received threats on Facebook after he published an article about the death of a woman, in which he questioned the treatment provided by a paramedic. He reported the incident to authorities. Several months later prosecutors decided not to pursue the case, arguing that “you deserve a bullet” is not a threat.

In March 2014 Blagojevic was threatened by the owner of a local football club, yet prosecutors waited until late September to indict the main suspect. The first court hearing was scheduled for December 2014; the next one at the end of this month.

While such delays are frustrating, once in court, judges have taken some dubious positions, Blagojevic said. In one case, the court said that “be careful what you write” or “do not play with fire” were not threats, but words that “merely showed the seriousness of the topic”. In another instance, where the perpetrator asked a Juzne Vesti staffer “Will you be alive in the morning if you wrote something like this in the USA?”, the court said that “the inductee, by placing the action in the foreign country, shows that he is aware that murder is prohibited by Serbian law”.

Outside the legal system, there is another obstacle to independent journalism in Serbia: money. While the Serbian government pays for advertising space, most of the earmarked money is directed at the national press. At the same time, the number of successful companies outside Belgrade and Novi Sad are few, and those that do thrive in the Serbian inland are usually aligned with local political figures. That leaves a tiny pool of advertisers.

“In these circumstances we are left with only very small companies, which are connected with political parties or dependent on municipal budgets. The game is straightforward — only if you are good to us you will get money,” Blagojevic said.

In an interview with SEEMO, Blagojevic described situations where certain media outlets have been financed with taxpayers’ money. With this line of funding, competing outlets are able to offer low rates that distort the advertising market, which puts pressure on independent media to drop their rates.

“The local government in Nis sets aside hundreds of millions of dinars in payment for these PR services,” Blagojevic said. The money is sometimes up to 80 per cent of the budget for these outlets making it even more difficult for independent media to compete.

The Council of Europe’s recent report on the Serbian media situation addressed the issue: “Instead of making efforts to create non-discriminatory conditions for media industry development, the state is blatantly undermining free market competition.”

The last issue confronting Juzne Vesti staff is one that will be familiar to small town journalists around the world — everyone knows everyone. Blagojevic tells of having to convince one journalist to file a complaint because she knew the person who had targeted her. She was reluctant because she had known the person “since they were kids”, he said.

From Blagojevic’s point of view, the toxic mix of money, political pressure and indifference from the courts causes self-censorship among journalists.

“The language from the 90s is back in Serbia. Again, journalists that criticise the work of the government or are reporting on corruption are labelled as foreign mercenaries. Threats like this come from the mouths of the highest state representatives,” he said.

An earlier version of this article stated that Nis has a population of 184,000. The latest census puts the figure at 257.000.

This article was posted on March 27, 2015 at indexoncensorship.org

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