Ashers will not be seeking costs against the Equality Commission for Northern Ireland which brought a court case against them.
In October the UK’s highest court ruled that Ashers’ refusal to bake a cake with a slogan supporting same-sex marriage was not discriminatory.
The case began in 2014 when gay activist Gareth Lee took action against the bakery over the message refusal.
The case went as far as the Supreme Court with the five justices being unanimous in their judgement.
Colin Hart, Director of The Christian Institute which backed Ashers Baking Company throughout, said following consultation with the owners and their lawyers, it has been decided that Ashers will not be pursuing the legal costs of defending the case.
The County Court ruled against Ashers, which is run by Daniel and Amy McArthur, for declining the cake costing £36.50, with the slogan ‘Support Gay Marriage’ because it conflicted with their Christian beliefs. The Court of Appeal in Belfast upheld that decision in 2016.
Mr Hart, explaining the reasoning behind the decision not to pursue costs, said the complex case involved significant issues of wider public interest, including balancing the requirements of discrimination law and human rights.
“It has strong parallels with a case we supported in 2013 where the Christians lost.
“It is important to Ashers and to us that the approach to costs now is consistent with what was previously argued,” he said.
“In that case we argued that each side should pay their own costs because of the wider public importance of the case and because both sides were supported by third parties. In the end that is what the Supreme Court ordered.
“The costs outcome in that earlier case was cited by Ashers’ legal team after they lost in the Court of Appeal in 2016. In response the judges decided not to make a large costs order against Ashers.”
Mr Hart added: “In any event, this case started in the District Judge’s Court, where the recovery of costs is very limited, reflecting the small amount of damages claimed. Later, the limited costs order in the Court of Appeal reflected the same principle. Due to the generosity of Christian Institute supporters, Ashers are not out of pocket as a result of defending this legal action.
“The case was always going to cost money to defend. Even if you win you never expect to get all your costs back and you may get nothing. The costs orders against Ashers in the lower courts were limited to several hundred pounds in each case. So even if the Supreme Court were persuaded to grant costs, the award could have been similarly limited,” he added.
They McArthurs were assisted by The Christian Institute through its Legal Defence Fund.
“We are grateful to the thousands of people who have donated to our Legal Defence Fund over the last 12 years to enable us to support cases of national importance to religious liberty like this one. And we are also enormously grateful for their prayers which have sustained the family throughout,” he added.