Jeremy Charles Baring Pemberton (born 1956
) is a British
Anglican
Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of th ...
priest who was the first priest in the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
to enter into a
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
when he married another man in 2014. As 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
The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the " ...
by
John Sentamu
John Tucker Mugabi Sentamu, Baron Sentamu, (; ; born 10 June 1949) is a retired Anglican bishop and life peer. He was Archbishop of York and Primate of England from 2005 to 2020.
Born near Kampala in Uganda, Sentamu studied law at Makerere U ...
, the
Archbishop of York
The archbishop of York is a senior bishop in the Church of England, second only to the archbishop of Canterbury. The archbishop is the diocesan bishop of the Diocese of York and the metropolitan bishop of the province of York, which covers th ...
. Before then, he had been an Anglican priest for 33 years.
He sued the church on
employment discrimination
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, g ...
grounds. However, a tribunal upheld his dismissal, saying that being a Church of England chaplain meant that Pemberton had to uphold that 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 people from being fired because of their
sexual orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
. The dismissal was upheld on appeal by the
Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
in 2018.
Early life and ordained ministry
Pemberton was born in 1956. He studied at
Merton College, Oxford
Merton College (in full: The House or College of Scholars of Merton in the University of Oxford) is one of the Colleges of Oxford University, constituent colleges of the University of Oxford in England. Its foundation can be traced back to the ...
, graduating with a Bachelor of Arts (BA) degree in 1977: as per tradition, his BA was promoted to a
Master of Arts
A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...
(MA Oxon) degree. From 1978 to 1981, he trained for ordination at
Ridley Hall, Cambridge
Ridley Hall is a theological college located on the corner of Sidgwick Avenue and Ridley Hall Road in Cambridge (United Kingdom), which trains men and women intending to take Holy Orders as deacon or priest of the Church of England, and member ...
, an
evangelical Anglican
Evangelical Anglicanism or evangelical Episcopalianism is a tradition or church party within Anglicanism that shares affinity with broader evangelicalism. Evangelical Anglicans share with other evangelicals the attributes of "conversionism, a ...
theological college. He also studied theology at
Fitzwilliam College, Cambridge
Fitzwilliam College is a constituent college of the University of Cambridge.
The college traces its origins back to 1869 and the foundation of the Non-Collegiate Students Board, a venture intended to offer academically excellent students of all ...
, graduating with a further BA in 1980.
Pemberton was
ordained
Ordination is the process by which individuals are consecrated, that is, set apart and elevated from the laity class to the clergy, who are thus then authorized (usually by the denominational hierarchy composed of other clergy) to perform va ...
in the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
as a
deacon
A deacon is a member of the diaconate, an office in Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions. Major Christian churches, such as the Catholic Churc ...
in 1981 and as a
priest
A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deities. They also have the authority or power to administer religious rites; in particu ...
in 1982,
when he was 25. From 1981 to 1984, he served his
curacy
A curate () is a person who is invested with the ''care'' or ''cure'' (''cura'') ''of souls'' of a parish. In this sense, "curate" means a parish priest; but in English-speaking countries the term ''curate'' is commonly used to describe clergy w ...
at All Saints' Church,
Stranton
Stranton is an area of south Hartlepool in the borough of Hartlepool, County Durham, England. It is a former village and parish.
The ancient parish boundaries were the North Sea to the east, Greatham Creek, an arm of the Tees, to the south, the ...
in the
Diocese of Durham
The Diocese of Durham is a Church of England diocese, based in Durham, and covering the historic county of Durham (and therefore including the part of Tyne and Wear south of the River Tyne, and excluding southern Teesdale). It was created in AD ...
. He then served a second curacy at
St George's Church, Leeds
St George's Church, Leeds is a Church of England parish church based in the centre of Leeds, West Yorkshire, England. The church building is near to Leeds General Infirmary. Although based in the city centre, the congregation is drawn from all p ...
, in the
Diocese of Ripon and Leeds
The Diocese of Ripon (Diocese of Ripon and Leeds from 1999 until 2014) was a former Church of England diocese, part of the Province of York. Immediately prior to its dissolution, it covered an area in western and northern Yorkshire as well as ...
. From 1987 to 1991, he was a
Church Mission Society
The Church Mission Society (CMS), formerly known as the Church Missionary Society, is a British mission society working with the Christians around the world. Founded in 1799, CMS has attracted over nine thousand men and women to serve as mission ...
mission partner.
By 2005, after teaching theology in the
Democratic Republic of Congo
The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, DR Congo, the DRC, the DROC, or the Congo, and formerly and also colloquially Zaire, is a country in ...
(DRC), he became an honorary
canon
Canon or Canons may refer to:
Arts and entertainment
* Canon (fiction), the conceptual material accepted as official in a fictional universe by its fan base
* Literary canon, an accepted body of works considered as high culture
** Western can ...
of
Boga-Zaire in the DRC. He was also an honorary canon of
Ely Ely or ELY may refer to:
Places Ireland
* Éile, a medieval kingdom commonly anglicised Ely
* Ely Place, Dublin, a street
United Kingdom
* Ely, Cambridgeshire, a cathedral city in Cambridgeshire, England
** Ely Cathedral
Ely Cathedral, formal ...
in Cambridgeshire while he worked as team rector of 13 parishes in West Cambridgeshire.
Marriage
Background
The
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
prohibits discrimination based on protected characteristics in the act, including
sexual orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
. 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 are
sexually active
Human sexual activity, human sexual practice or human sexual behaviour is the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts, ranging from activities done alone (e.g., masturbation) ...
or in
civil partnerships
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
.
Same-sex marriage in England and Wales began in late March 2014, when the
Marriage (Same Sex Couples) Act 2013
The Marriage (Same Sex Couples) Act 2013 (c. 30) is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales.
Background
Civil partnerships were introduced in the United Kingdom in 2004, allowi ...
came into force.
In April 2014, Pemberton married his partner Laurence Cunnington;
Pemberton met Cunnington on a support website for gay fathers in 2008 and both had been previously married to women for several decades.
The marriage occurred despite an official ban on same-sex marriages from the Church of England's
House of Bishops
The House of Bishops is the third House in a General Synod of some Anglican churches and the second house in the General Convention of the Episcopal Church in the United States of America. in February 2014, who instead allowed civil partnerships between members of the same gender, within a celibate relationship.
The Marriage (Same Sex Couples) Act 2013 meant that religious institutions which do 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.
Chaplaincy move and legal action
In 2014, Pemberton lived in
Southwell and preached in
Southwell Minster
Southwell Minster () is a minster and cathedral in Southwell, Nottinghamshire, England. It is situated miles from Newark-on-Trent and from Mansfield. It is the seat of the Bishop of Southwell and Nottingham and the Diocese of Southwell and N ...
. He had a job as a hospital chaplain in the
Diocese of Lincoln
The Diocese of Lincoln forms part of the Province of Canterbury in England. The present diocese covers the ceremonial county of Lincolnshire.
History
The diocese traces its roots in an unbroken line to the Pre-Reformation Diocese of Leices ...
for an
NHS trust
An NHS trust is an organisational unit within the National Health Services of England and Wales, generally serving either a geographical area or a specialised function (such as an ambulance service). In any particular location there may be several ...
(an organisational trust within the
National Health Service
The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the " ...
(NHS)) in Lincolnshire but sought work closer to home at
King's Mill Hospital
King's Mill Hospital is an acute general district hospital serving the population of north Nottinghamshire and parts of Derbyshire and Lincolnshire. It is managed by the Sherwood Forest Hospitals NHS Foundation Trust. The majority of the hospital ...
. Pemberton spoke to the
Bishop of Lincoln
The Bishop of Lincoln is the ordinary (diocesan bishop) of the Church of England Diocese of Lincoln in the Province of Canterbury.
The present diocese covers the county of Lincolnshire and the unitary authority areas of North Lincolnshire and ...
,
Christopher Lowson
Christopher "Chris" Lowson (born 3 February 1953) is a retired British Anglican bishop. He served as Bishop of Lincoln, 2011–2021.
Education and ordination
Lowson was educated at Newcastle Cathedral School, Consett Grammar School and King ...
, prior to his move. Lowson had no initial objections but later issued an official written rebuke to the couple.
The
Archbishop of York
The archbishop of York is a senior bishop in the Church of England, second only to the archbishop of Canterbury. The archbishop is the diocesan bishop of the Diocese of York and the metropolitan bishop of the province of York, which covers th ...
,
John Sentamu
John Tucker Mugabi Sentamu, Baron Sentamu, (; ; born 10 June 1949) is a retired Anglican bishop and life peer. He was Archbishop of York and Primate of England from 2005 to 2020.
Born near Kampala in Uganda, Sentamu studied law at Makerere U ...
(whose ecclesiastical jurisdiction included Southwell), an opponent of same-sex marriage, opposed Pemberton's move. Following consultation with Sentamu, Bishop
Richard Inwood
Richard Neil Inwood (4 March 1946 - 14 April 2019) was a Bishop suffragan of Bedford.
Inwood was born in Burton-on-Trent and studied chemistry at University College, Oxford and theology at the University of Nottingham. Before ordination, he spe ...
refused Pemberton
permission to officiate
A permission to officiate (PTO), also known as a licence to officiate, is a concessionary ministry licence granted by an Anglicanism, Anglican bishop. It is most commonly issued to a retired Deacon#Anglicanism, deacon, Priest#Anglican or Episcopal ...
(PTO) in the
Diocese of Southwell and Nottingham
The Diocese of Southwell and Nottingham is a Church of England diocese in the Province of York, headed by the Bishop of Southwell and Nottingham. It covers all the English county of Nottinghamshire and a few parishes in South Yorkshire. It is b ...
.
A PTO is only rarely revoked, usually only when the law is broken.
As a result, the NHS refused his chaplaincy at King's Mill Hospital, though he still worked for the Lincolnshire NHS trust.
In response, Pemberton threatened legal action against the church.
This led to a tribunal. Pemberton approached three barristers and the church hired the law firm
Herbert Smith Freehills
Herbert Smith Freehills is an international law firm with headquarters in London, United Kingdom and Sydney, Australia. It was formed on 1 October 2012 by a merger between the United Kingdom-based Herbert Smith, then a member of the "Silver Circl ...
. At the tribunal, a
registrar
A registrar is an official keeper of records made in a register. The term may refer to:
Education
* Registrar (education), an official in an academic institution who handles student records
* Registrar of the University of Oxford, one of the sen ...
of the
Diocese of London
The Diocese of London forms part of the Church of England's Province of Canterbury in England.
It lies directly north of the Thames. For centuries the diocese covered a vast tract and bordered the dioceses of Norwich and Lincoln to the north ...
, a solicitor for
Justin Welby
Justin Portal Welby (born 6 January 1956) is a British bishop who is the 105th Archbishop of Canterbury. He has served in that role since 2013. Welby was previously the vicar of Southam, Warwickshire, and then Bishop of Durham, serving for jus ...
, the
Archbishop of Canterbury
The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is Justi ...
, a legal secretary from the church's
general synod The General Synod is the title of the governing body of some church organizations. Anglican Communion
The General Synod of the Church of England, which was established in 1970 replacing the Church Assembly (Church of England), Church Assembly, is t ...
, 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.
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 that the act allows religious groups exemptions in anti-
employment discrimination
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, g ...
law. This judgement was criticised by the
LGBT rights
Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
Notably, , 33 ...
activist
Peter Tatchell
Peter Gary Tatchell (born 25 January 1952) is a British human rights campaigner, originally from Australia, best known for his work with LGBT social movements.
Tatchell was selected as the Labour Party's parliamentary candidate for Bermondsey ...
and the LGBT rights charity
Stonewall
Stonewall or Stone wall may refer to:
* Stone wall, a kind of masonry construction
* Stonewalling, engaging in uncooperative or delaying tactics
* Stonewall riots, a 1969 turning point for the modern LGBTQ rights movement in Greenwich Village, Ne ...
.
Pemberton appealed the decision, but the
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions o ...
dismissed his appeal in 2016. The
Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
also dismissed his case in 2018.
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 churches and to allow clergy to marry people of the same sex.
References
{{DEFAULTSORT:Pemberton, Jeremy
Living people
LGBT Anglican clergy
Canons (priests)
21st-century Church of England clergy
English LGBT people
Year of birth missing (living people)
21st-century English Anglican priests
Alumni of Fitzwilliam College, Cambridge