A Church of England hospital chaplain has lost his claim that he was discriminated against when his licence to work was withdrawn after he married his same-sex partner, in a case that gay rights campaigners hoped would force the church to change its stance.



Jeremy Pemberton was appealing against an earlier ruling that backed the church’s legal right to enforce its position that gay clergy are forbidden from marrying their partners.

The employment appeal tribunal judge Jennifer Eady said in her ruling that the state could not impose same-sex marriage on the church.

According to the ruling, Pemberton “was aware his marriage would be seen in conflict with the teachings of the church (even if he did not accept the characterisation of those teachings as doctrine) and he would thus be viewed as not in ‘good standing’, as would be understood within the Church of England”.

It added that parliament had permitted a specific exemption to the church on discrimination claims of this nature.



In a statement after Wednesday’s decision, Pemberton said his case – brought against the bishop of Southwell and Nottingham, Richard Inwood – had raised “novel and complex issues of law”, and he may take it to the court of appeal.

He added: “The result is, obviously, not the one my husband and I had hoped for. I appreciate that this case was a source of hope for many people and I am grateful that the judge has recognised its significance and indicated that its importance warrants permission to appeal to the court of appeal.

“I am now going to take some time to consider the lengthy judgment with my husband, and we will decide on the best way forward, having taken advice from my lawyers.”

A spokesperson for the diocese of Southwell and Nottingham said: “Churches across the diocese continue to offer a generous welcome to people from all backgrounds and we remain fully engaged in the church’s exploration of questions relating to human sexuality.

“The Church of England supports gay men and women who serve as clergy in its parishes, dioceses and institutions. It has no truck with homophobia and supports clergy who are in civil partnerships, as set out in the house of bishops’ guidelines in 2006.”

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Pemberton was the first C of E clergy member to enter into a same-sex marriage when he married his partner, Laurence Cunnington, in April 2014 in defiance of a church ban on same-sex weddings for clergy. Priests are permitted to enter into civil partnerships but are required to remain celibate.

The case, under the 2010 Equality Act, was seen as significant as an examination of the validity of C of E doctrine, a test of equality legislation in relation to that doctrine, and because it raised the issue of whether the church could legitimately veto appointments by other bodies – in this instance, the NHS.

After Pemberton’s wedding, Inwood revoked his permission to officiate, which prevented the chaplain from taking up a job at King’s Mill hospital in Mansfield, Nottinghamshire, even though he was to be employed by the NHS.

In November 2015 Inwood argued that, according to C of E doctrine, marriage could only be between a man and a woman. The tribunal ruling said there was “no doubt whatsoever that the present doctrine of the church is clear”.

The Nottingham tribunal ruled that “the claimant would never have been in this position had he not defied the doctrine of the church. The claimant knowingly entered into that marriage and knew what the potential consequences could be for him …

“In getting married to his partner, he was flying in the face of the clear restating of doctrine in relation to same-sex marriage.”

Facebook Twitter Pinterest The archbishop of Canterbury, Justin Welby, has apologised to LGBT members of the Church of England for the hurt caused to them. Photograph: Neil Hall/Reuters

The church has been riven by the issue of sexuality for at least two decades. A two-year consultation of clergy, congregations and members of the general synod – the church’s ruling body – was completed in the summer. Next week the house of bishops will consider next steps before the next meeting of the synod in February.



Justin Welby, the archbishop of Canterbury, has sought to hold together the global Anglican communion on this issue in a conflict between the liberal US church, which has backed same-sex marriage, and conservatives – principally from African countries – who are deeply opposed.



Welby apologised in January to lesbian, gay and transgender members of the church for the hurt caused to them. He is believed to have shifted his personal stance on the issue since becoming C of E leader almost four years ago.

Since losing his licence to officiate, Pemberton has found work as a civil celebrant, conducting weddings, funerals and naming ceremonies.



Pemberton’s appeal was heard at the employment appeals tribunal in September, with judgment handed down on Wednesday.



