Canon Jeremy Pemberton was barred from taking up a new post as a chaplain at King’s Mill Hospital after marrying his partner in 2014.
It was argued he defied Church law by marrying his partner Laurence Cunnington.
He took his case to a tribunal claiming discrimination but it ruled in favour of the Church of England in November.
The court ruled that the Church’s refusal to issue Canon Pemberton a license to work in a different NHS hospital, in a different diocese, because he is in a same-sex marriage, was in fact an act of direct discrimination. But shockingly they ruled this discrimination lawful, because there are religious exemptions to the Equality Act 2010, despite this post being in the NHS.
It has been reported that the Employment Appeal Tribunal will hold a two day hearing.
The Diocese of Southwell has previously said it “remains engaged … in exploring questions relating to human sexuality”.
Canon Pemberton told the BBC his appeal will be held over two days “later in the year, but it will not consider any new evidence.”
But, despite being blocked for promotion, Canon Pemberton still works in his existing role as a chaplain in Lincolnshire.
“I heard from the Employment Appeal Tribunal that they accepted my application for an appeal,” he said.
“It’s important to appeal because this is a test case and test cases need testing. The judgement given in the tribunal had some things my lawyers felt needed further testing.”
The appeal will only consider legal arguments about the case and no new evidence will be heard.