A top European court declined Thursday to rule in a high-profile discrimination case centered on an activist’s request to have a cake decorated with the “Sesame Street” characters Bert and Ernie and the words “Support Gay Marriage.”
The European Court of Human Rights said the case was inadmissible because activist Gareth Lee had failed to “exhaust domestic remedies” in his case against a Northern Ireland bakery.
It was the latest ruling in a long-running legal battle that began in 2014 when Ashers Baking Co. refused to make the cake Lee wanted.
The owners argued they were happy to bake goods for anyone but would not put messages on their products at odds with their Christian beliefs.
Lee said he was frustrated the case was thrown out on what he called “a technicality” and said that freedom of expression “must equally apply to lesbian, gay, bisexual and trans people.”
He originally ordered the cake to support a campaign to allow same-sex marriage in Northern Ireland. The campaign succeeded when Britain’s Parliament stepped in to bring the region into line with the rest of the country. Two women who tied the knot in February 2020 became the first gay couple to wed in Northern Ireland.