A gay clergyman who was prevented by the Church of England from taking up a job as a hospital chaplain after marrying his partner has lost his appeal against discrimination. Canon Jeremy Pemberton, a priest for over 30 years, challenged earlier rulings at the Court of Appeal, which rejected his claim on the grounds that the church had applied its sincerely held beliefs in a manner permitted by the Equality Act.
Lord Justice Underhill stated that while he understood Pemberton's feelings, belonging to an institution with known lawful rules implies no violation of dignity when those rules are applied. Pemberton's permission to officiate was revoked after his 2014 marriage, and he was denied permission to officiate in another diocese by acting bishop Richard Inwood, blocking his job offer at King's Mill Hospital in Nottinghamshire.
Pemberton's lawyers argued for overturning earlier employment tribunal and appeals tribunal decisions, but the court upheld them. The Church of England allows priests to be in gay relationships or civil partnerships if celibate, but forbids same-sex marriage. Following the ruling, Pemberton said he agreed not to pursue the claim further and the church would not seek costs.
He criticised the church's position, stating it can legally discriminate against LGBT people in employment, even outside its jurisdiction. He called for a revolution in attitudes towards LGBT people in the church. The Diocese of Southwell and Nottingham welcomed the ruling, acknowledging the difficult process for all involved.
