Published Friday, 11 September 2009
Sandown Free Presbyterian Church was granted leave to seek a judicial review of restrictions imposed by regulators who ruled that a newspaper notice it placed had caused serious offence.
A judge held there was an arguable case that its rights to religious belief and freedom of expression had been breached.
Mr Justice Weatherup also found that Sandown may have been denied the chance to offer an explanation to the Advertising Standards Authority before the ban was imposed.
But, he suggested both sides should get together in a bid to reach a compromise without having to proceed to the full judicial review hearing.
"It would seem there's not a great deal of change required in the wording and tone, perhaps, in order to meet the objections made by the ASA," the judge said.
'Homophobic'
The church launched proceedings over a full-page advert it took out in the News Letter ahead of a Gay Pride parade in Belfast in August last year.
It was headlined: "The word of God against sodomy" and invited people to meet for gospel witness against the act.
But after receiving seven complaints that the notice was homophobic the ASA ruled it could not appear again in the same form.
It also told the church to take more care in future to avoid causing serious offence.
Lawyers for Sandown said the case centred on his client's ability to use the bible in its public witness teaching.
They resisted the idea of his client considering a new form of words by stressing that it was a biblically-based church, bound proclaim what it believed to be the truth.
But the ASA's legal representatives countered by describing the advert as "forceful, confrontational and threatening to a section of the community".
Mr Justice Weatherup told both sides that the courtroom debate might more usefully take place in a direct meeting between the ASA and the church.
"If the two parties engage with what the other is actually saying there may be an outcome," he said.
"I have suggested a way in which the matter might be dealt with. Failing that it will be necessary to file affidavits and have the matter considered in judicial review."
A decision on how the case will be dealt with is expected later this month.