LGBT

NI Attorney-General cannot refer Ashers case to the Supreme Court

Gareth Lee v Colin McArthur, Karen McArthur and Ashers Baking Company Ltd [2016] NICA 55

In our October Update, we reported that on 24th October 2016, the Court of Appeal found that Ashers Baking Company had directly discriminated against the respondent on grounds of sexual orientation, and religious and political belief, by refusing to fulfil his order for a cake in support of marriage equality.

Tags
Discrimination, LGBT

Court of Appeal rules that Ashers Bakery directly discriminated on grounds of sexual orientation

Lee v McArthur and Ashers Baking Co. Ltd (Court of Appeal)

On 24th October 2016, the Court of Appeal found that Ashers Baking Company had directly discriminated against the respondent on grounds of sexual orientation, and religious and political belief, by refusing to fulfil his order for a cake in support of marriage equality.

Tags
Discrimination, LGBT

Supreme Court seeks guidance from CJEU regarding case of transgender woman refused state pension

Under the Gender Recognition Act 2004, by obtaining a gender recognition certificate, transgender people have the right to have their gender formally recognised in law.  MB was married in 1974, began to live as a woman in 1991 and underwent gender reassignment surgery in 1995 but did not apply for a gender recognition certificate.  In order to be granted a certificate, MB would have had to annul her marriage.  She decided to remain married to her wife and mother of their two children.

Tags
Discrimination, LGBT, Pensions

Judgment reserved in Ashers case

On 12th May 2016, the three appeal judges, Lord Chief Justice Sir Declan Morgan and Lord Justices Weatherup and Weir confirmed that they were reserving their judgment in the case of Lee v McArthur, better known as the Ashers case.

Tags
Discrimination, LGBT

Minister of Health can decide on deferral period from giving blood for males who have sex with other males

On 16th March 2016 the Court of Appeal made a ruling that the Northern Ireland Minister of Health is the correct person to make a decision on the appropriate deferral period from giving blood for males who have sex with other males.

Tags
Health, LGBT

Stena Line unfair dismissal case to be reheard

In a case covered in a previous Update, the Northern Ireland Court of Appeal
has ordered a new hearing in the Industrial Tribunal finding last year that
Martin Shiel was unfairly dismissed.

The Industrial Tribunal had awarded Mr Shiel £37,500 for unfair dismissal and
a further £7,500 for unlawful harassment on the grounds of his sexual
orientation.  While the finding of harassment was not appealed, Stena Line
appealed the unfair dismissal aspect and on 8th October the Court of Appeal

Tags
Employment Law, LGBT, Local Developments

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