THE Church of England is “completely inconsistent” in its approach to gay clergy, the first priest to marry a partner of the same sex has said as he began a landmark discrimination action against the Church.
The Rev Canon Jeremy Pemberton told an employment tribunal hearing that marrying his long-term partner Laurence Cunnington in defiance of Church policy had been “the moral thing to do”.
Canon Pemberton, a hospital chaplain in Lincoln, was stripped of his licence to officiate in the Diocese of Southwell and Nottingham, where he lives, after his high-profile wedding last year.
Although he was employed by the NHS rather than the Church, the decision meant an offer of promotion was withdrawn. He has brought an action for alleged discrimination under the Equality Act against the acting Bishop of Southwell and Nottingham.
Giving evidence at Nottingham Employment Tribunal, he said that “no one has the right to tell you who you can or can’t marry”. Asked by Thomas Linden QC, lawyer for the Diocese of Southwell and Nottingham, if he was going against the teachings of his faith by marrying a man, Canon Pemberton, 58, replied: “No – because I had a civil marriage, not a Christian one.” He added: “Getting married was the moral thing to do.”
The case could cast the Church of England’s policy on same-sex marriage into doubt. The ruling House of Bishops issued “pastoral guidance” last year, when same-sex marriage became legal, effectively banning clergy from marrying someone of the same sex, or conducting such a service.
It followed bitter disputes within the Church during the process of changing the law. The Church was granted a “quadruple lock” of legal protections to prevent it being forced under equality laws to carry out same-sex weddings.
Of the decision, Canon Pemberton said: “I have been embarrassed and humiliated. The removal of my licence, very publicly, is saying I am no longer of good standing within the Church.
“No complaint has ever been made against me. It is perfectly lawful for me to marry Laurence Cunnington. It is not lawful for the Bishop to say I should not be marrying someone.”
Canon Pemberton cited the case of a parish priest in north London who married his partner last summer but was not stripped of his ministry because of the special rights enjoyed by parish clergy.
“He has the freehold of his living,” Canon Pemberton told the hearing, packed with many supporters including his husband and the Bishop of Buckingham, Alan Wilson.
“The Church of England is completely inconsistent from diocese to diocese.”
He added: “Legal marriages also include civil marriages, it is not illegal.
“If I had chosen to marry a woman civilly there would be no problem – although the Bishop may have been surprised. I can marry at my discretion and make my own judgment about my way of serving God.”
He broke down in tears as he said: “I am a respected member of the community and I felt extremely degraded at having this [licence] stripped from me.”
He said he had suffered a breakdown weeks after losing his licence to preach.
“After my licence was revoked it was a difficult time and there was a stressful period of uncertainty,” he said.
The case continues.