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'''Jeremy Pemberton''' was the first [[Church of England]] priest to enter into a [[same-sex marriage]] in 2014. Before this, he has been an [[Anglicanism|Anglican]] priest for over 30 years.
'''Jeremy Pemberton''' was the first [[Church of England]] priest to enter into a [[same-sex marriage]] in 2014. Before this, he has been an [[Anglicanism|Anglican]] priest for over 30 years.


As a result of his marriage, he was denied a job as a [[chaplain]] for the [[National Health Service]] by the [[Archbishop of York]], [[John Sentamu]]. The dismissal was upheld by the [[Court of Appeal (England and Wales)|Court of Appeal]] in 2018.
Because same-sex marriages are not accepted by the Church ([[Canon law of the Church of England|its canon law]] defines marriage as [[Definition of marriage|between one man and one woman]]) he was denied a job as a [[chaplain]] for the [[National Health Service]] by the [[Archbishop of York]], [[John Sentamu]].

He sued the church on [[employment discrimination]] grounds. However, a tribunal upheld his dismissal, saying that being a chaplain meant that Pemberton had to uphold the Church's views on [[marriage]]. The tribunal also said that the [[Equality Act 2010|Equality Act]] in England and Wales allowed for religious exemptions to laws that protect [[Homosexuality|gay people]] from being fired because of their [[sexual orientation]]. The dismissal was upheld on appeal by the [[Court of Appeal (England and Wales)|Court of Appeal]] in 2018.


== Journey to priesthood ==
== Journey to priesthood ==
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== Marriage ==
== Marriage ==
=== Background ===
=== Background ===
The [[Equality Act 2010]] prevents discrimination based on protected characteristics in the Act, which includes [[gay people]]. However, the [[Church of England]] and other [[Homosexuality and religion|religious groups that do not agree with same-sex relationships]] are allowed to not employ gay people if they're [[Gay sexual practices|sexually active]] or in [[civil partnerships]].<ref name="Strudwick"/>
The [[Equality Act 2010]] prevents discrimination based on protected characteristics in the Act, which includes [[Homosexuality|gay people]] ([[sexual orientation]]). However, the [[Church of England]] and other [[Homosexuality and religion|religious groups that do not agree with same-sex relationships]] are allowed to not employ gay people if they're [[Gay sexual practices|sexually active]] or in [[civil partnerships]].<ref name="Strudwick"/>


[[Same-sex marriage in the United Kingdom|Same-sex marriage in England and Wales]] began in late March 2014, when the [[Marriage (Same Sex Couples) Act 2013]] came into force.<ref>{{cite news|title=Same-sex marriage now legal as first couples wed|url=https://www.bbc.com/news/uk-26793127|access-date=29 March 2014|work=[[BBC News]]|date=29 March 2014|archive-url=https://web.archive.org/web/20160308042939/http://www.bbc.com/news/uk-26793127|archive-date=8 March 2016}}</ref>
[[Same-sex marriage in the United Kingdom|Same-sex marriage in England and Wales]] began in late March 2014, when the [[Marriage (Same Sex Couples) Act 2013]] came into force.<ref>{{cite news|title=Same-sex marriage now legal as first couples wed|url=https://www.bbc.com/news/uk-26793127|access-date=29 March 2014|work=[[BBC News]]|date=29 March 2014|archive-url=https://web.archive.org/web/20160308042939/http://www.bbc.com/news/uk-26793127|archive-date=8 March 2016}}</ref>
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In April 2014, Pemberton married his partner Laurence Cunnington;<ref name="marriage">{{cite news |last1=Meikle |first1=James |title=Gay marriage first for chaplain in defiance of C of E |url=https://www.theguardian.com/society/2014/apr/13/gay-marriage-church-of-england-chaplain-jeremy-pemberton |access-date=8 February 2021 |work=The Guardian |date=13 April 2014 |archive-date=11 November 2020 |archive-url=https://web.archive.org/web/20201111231821/http://www.theguardian.com/society/2014/apr/13/gay-marriage-church-of-england-chaplain-jeremy-pemberton |url-status=live }}</ref> Pemberton met Cunnington on a support website for gay fathers in 2008 and both had been previously married to women for several decades.<ref name="Strudwick"/>
In April 2014, Pemberton married his partner Laurence Cunnington;<ref name="marriage">{{cite news |last1=Meikle |first1=James |title=Gay marriage first for chaplain in defiance of C of E |url=https://www.theguardian.com/society/2014/apr/13/gay-marriage-church-of-england-chaplain-jeremy-pemberton |access-date=8 February 2021 |work=The Guardian |date=13 April 2014 |archive-date=11 November 2020 |archive-url=https://web.archive.org/web/20201111231821/http://www.theguardian.com/society/2014/apr/13/gay-marriage-church-of-england-chaplain-jeremy-pemberton |url-status=live }}</ref> Pemberton met Cunnington on a support website for gay fathers in 2008 and both had been previously married to women for several decades.<ref name="Strudwick"/>


Pemberton and Cunnington got married despite an official ban on [[same-sex marriage]]s from the [[Church of England]]'s [[House of Bishops]] in February 2014,<ref>{{cite news |title=Church of England rules out blessings for gay marriages |url=https://www.reuters.com/article/uk-britain-religion-marriage-idUKBREA1F0NE20140216 |access-date=8 February 2021 |work=Reuters |date=16 February 2014 |archive-date=14 February 2021 |archive-url=https://web.archive.org/web/20210214223419/https://www.reuters.com/article/uk-britain-religion-marriage-idUKBREA1F0NE20140216 |url-status=live }}</ref> who instead allowed [[civil partnerships]] between members of the same gender, within a [[celibate]] relationship.<ref name="Brown1">{{cite news |last1=Brown |first1=Andrew |title=Church faces legal challenge after blocking job offer to married gay priest |url=https://www.theguardian.com/world/2014/aug/04/church-legal-challenge-blocking-job-offer-married-gay-priest |access-date=8 February 2021 |work=The Guardian |date=4 August 2014 |archive-date=14 February 2021 |archive-url=https://web.archive.org/web/20210214214050/https://www.theguardian.com/world/2014/aug/04/church-legal-challenge-blocking-job-offer-married-gay-priest |url-status=live }}</ref> The Marriage (Same Sex Couples) Act 2013 meant religious institutions that did not agree with same-sex marriage – such as the Church of England, which defines marriage as between one man and one woman in [[Canon law of the Church of England|its canon law]] – did not have to perform same-sex marriage ceremonies. These exemptions came following extensive lobbying by conservative Anglicans.<ref name="Strudwick"/>
Pemberton and Cunnington got married despite an official ban on [[same-sex marriage]]s from the [[Church of England]]'s [[House of Bishops]] in February 2014,<ref>{{cite news |title=Church of England rules out blessings for gay marriages |url=https://www.reuters.com/article/uk-britain-religion-marriage-idUKBREA1F0NE20140216 |access-date=8 February 2021 |work=Reuters |date=16 February 2014 |archive-date=14 February 2021 |archive-url=https://web.archive.org/web/20210214223419/https://www.reuters.com/article/uk-britain-religion-marriage-idUKBREA1F0NE20140216 |url-status=live }}</ref> who instead allowed [[civil partnerships]] between members of the same gender, within a [[celibate]] relationship.<ref name="Brown1">{{cite news |last1=Brown |first1=Andrew |title=Church faces legal challenge after blocking job offer to married gay priest |url=https://www.theguardian.com/world/2014/aug/04/church-legal-challenge-blocking-job-offer-married-gay-priest |access-date=8 February 2021 |work=The Guardian |date=4 August 2014 |archive-date=14 February 2021 |archive-url=https://web.archive.org/web/20210214214050/https://www.theguardian.com/world/2014/aug/04/church-legal-challenge-blocking-job-offer-married-gay-priest |url-status=live }}</ref> The Marriage (Same Sex Couples) Act 2013 meant religious institutions that did not agree with same-sex marriage – such as the Church of England, which [[Definition of marriage|defines marriage as between one man and one woman]] in [[Canon law of the Church of England|its canon law]] – did not have to perform same-sex marriage ceremonies. These exemptions came following extensive lobbying by conservative Anglicans.<ref name="Strudwick"/>


===Chaplaincy move and legal action===
===Chaplaincy move and legal action===

Revision as of 14:02, 5 January 2022

Jeremy Pemberton
OccupationCanon (priest)
Known forFirst male Anglican priest to marry another man
SpouseLaurence Cunnington
Ecclesiastical career
ReligionChristianity
ChurchChurch of England
Academic background
Alma materUniversity of Oxford

Jeremy Pemberton was the first Church of England priest to enter into a same-sex marriage in 2014. Before this, he has been an Anglican priest for over 30 years.

Because same-sex marriages are not accepted by the Church (its canon law defines marriage as between one man and one woman) he was denied a job as a chaplain for the National Health Service by the Archbishop of York, John Sentamu.

He sued the church on employment discrimination grounds. However, a tribunal upheld his dismissal, saying that being a chaplain meant that Pemberton had to uphold the Church's views on marriage. The tribunal also said that the Equality Act in England and Wales allowed for religious exemptions to laws that protect gay people from being fired because of their sexual orientation. The dismissal was upheld on appeal by the Court of Appeal in 2018.

Journey to priesthood

Pemberton studied at the University of Oxford and was later ordained as a priest in his mid-twenties, an exceptionally young age. By 2005, after preaching in the Democratic Republic of Congo (DRC), he became an honorary canon of Boga-Zaire in the DRC. He also became a canon of Ely in Cambridgeshire.

Before he got married, Pemberton had been a priest for over 30 years.[1]

Marriage

Background

The Equality Act 2010 prevents discrimination based on protected characteristics in the Act, which includes gay people (sexual orientation). However, the Church of England and other religious groups that do not agree with same-sex relationships are allowed to not employ gay people if they're sexually active or in civil partnerships.[1]

Same-sex marriage in England and Wales began in late March 2014, when the Marriage (Same Sex Couples) Act 2013 came into force.[2]

In April 2014, Pemberton married his partner Laurence Cunnington;[3] Pemberton met Cunnington on a support website for gay fathers in 2008 and both had been previously married to women for several decades.[1]

Pemberton and Cunnington got married despite an official ban on same-sex marriages from the Church of England's House of Bishops in February 2014,[4] who instead allowed civil partnerships between members of the same gender, within a celibate relationship.[5] The Marriage (Same Sex Couples) Act 2013 meant religious institutions that did not agree with same-sex marriage – such as the Church of England, which defines marriage as between one man and one woman in its canon law – did not have to perform same-sex marriage ceremonies. These exemptions came following extensive lobbying by conservative Anglicans.[1]

In 2014, Pemberton lived in Southwell and preached in Southwell Minster. He had a job as a hospital chaplain in the Diocese of Lincoln for an NHS trust (an organisational trust within the National Health Service (NHS)) in Lincolnshire but sought work closer to home at King's Mill Hospital. Pemberton spoke to the Bishop of Lincoln, Christopher Lowson, prior to his move. Lowson had no initial objections but later issued an official written rebuke to the couple.[1]

The Archbishop of York John Sentamu (whose ecclesiastical jurisdiction included Southwell), an opponent of same-sex marriage, opposed Pemberton's move. Following consultation with Sentamu, Bishop Richard Inwood refused Pemberton permission to officiate (PTO) in the Diocese of Southwell and Nottingham.[5] The PTO is only rarely revoked, usually only when the law is broken.[1] As a result, the NHS refused his chaplaincy at King's Mill Hospital, though he still worked for the Lincolnshire NHS trust.[6]

In response, Pemberton threatened legal action against the Church.[5] This led to a tribunal. Pemberton approached three barristers and the Church hired the law firm Herbert Smith Freehills. At the tribunal, a registrar of the Diocese of London, a solicitor for Justin Welby, the Archbishop of Canterbury, a legal secretary from the Church's General Synod, and a legal representative of the Church's Pensions Board were present, among others. Tom Linden QC, representing the Church, took an aggressive line against Pemberton, calling him "errant", "not in good standing" and heavily chastising him for crying over the revocation of his PTO.[1]

The tribunal upheld the Church's position, saying that supporting the Church's position on same-sex marriage was a requirement of being a Church of England chaplain, and the Act allows religious groups exemptions in in anti-employment discrimination law.[7] This judgement was criticised by the LGBT rights activist Peter Tatchell[8] and the LGBT rights charity Stonewall.[9]

Pemberton appealed the decision, but the Employment Appeal Tribunal dismissed his appeal in 2016.[10] The Court of Appeal also dismissed his case in 2018.[11][12][13]

Precisely five years after his marriage, Equal, the Campaign for Equal Marriage in the Church of England, was founded to end bans on same-sex marriages in Church parishes and to allow vicars to marry individuals of the same gender.[14]

References

  1. ^ a b c d e f g Strudwick, Patrick (5 December 2015). "This Is What Happened To The First Priest To Marry Another Man". BuzzFeed News. Archived from the original on 14 February 2021. Retrieved 8 February 2021.
  2. ^ "Same-sex marriage now legal as first couples wed". BBC News. 29 March 2014. Archived from the original on 8 March 2016. Retrieved 29 March 2014.
  3. ^ Meikle, James (13 April 2014). "Gay marriage first for chaplain in defiance of C of E". The Guardian. Archived from the original on 11 November 2020. Retrieved 8 February 2021.
  4. ^ "Church of England rules out blessings for gay marriages". Reuters. 16 February 2014. Archived from the original on 14 February 2021. Retrieved 8 February 2021.
  5. ^ a b c Brown, Andrew (4 August 2014). "Church faces legal challenge after blocking job offer to married gay priest". The Guardian. Archived from the original on 14 February 2021. Retrieved 8 February 2021.
  6. ^ "Gay canon Jeremy Pemberton in Church discrimination tribunal". BBC News. 15 June 2015. Archived from the original on 4 December 2020. Retrieved 10 February 2021.
  7. ^ Wyatt, Tim (4 November 2015). "First priest in gay marriage, Jeremy Pemberton, loses employment tribunal". Church Times. Archived from the original on 7 March 2021. Retrieved 11 February 2021.
  8. ^ "Tribunal rules Church can dictate who NHS employs". Peter Tatchell Foundation. 4 November 2015. Archived from the original on 27 November 2020. Retrieved 8 February 2021.
  9. ^ Sarmiento, Simon (10 November 2015). "The Jeremy Pemberton case and what it means". Stonewall. Archived from the original on 25 September 2020. Retrieved 8 February 2021.
  10. ^ "Gay canon Jeremy Pemberton loses tribunal appeal". BBC News. 7 December 2016. Archived from the original on 8 November 2020. Retrieved 8 February 2021.
  11. ^ "Gay priest Jeremy Pemberton's discrimination appeal dismissed". BBC News. 22 March 2018. Archived from the original on 25 April 2021. Retrieved 8 February 2021.
  12. ^ Sherwood, Harriet (22 March 2018). "Gay hospital chaplain loses discrimination appeal against C of E". The Guardian. Archived from the original on 9 November 2020. Retrieved 8 February 2021.
  13. ^ Hopkins, Steven (22 March 2018). "Gay Priest Jeremy Pemberton Loses Discrimination Appeal Against The Church Of England". HuffPost. Archived from the original on 22 March 2018. Retrieved 8 February 2021.
  14. ^ Duffy, Nick (13 April 2019). "Church of England pressed to end ban on same-sex marriage". PinkNews. Archived from the original on 5 February 2021. Retrieved 8 February 2021.