Gay priest 'considers suing Church of England for discrimination'

The Church of England's most senior openly gay cleric is understood to be considering suing his employers for discrimination unless he is made a bishop.

Dr Jeffrey John, the dean of St Albans, was forced to stand down by the archbishop of Canterbury after being appointed suffragan bishop of Reading in 2003 following objections from conservative evangelicals.

Two years ago, John – a celibate priest who is in a longstanding civil partnership with another cleric – was prevented from becoming the bishop of Southwark after the archbishops of Canterbury and York stepped in.

Reports on Sunday suggested John had become so exasperated at his treatment that he had hired Alison Downie, an employment and discrimination law specialist and partner at the law firm Goodman Derrick, to fight his case under equality law. Four years ago, Downie successfully represented a gay youth worker who was found to have been discriminated against by the bishop of Hereford because of his sexuality.

It is thought John's case could hinge on a damning memorandum written by a former dean of Southwark Cathedral, which lays bare the divisions over sexuality at the very top of the church.

In the leaked memo, the late Very Rev Colin Slee described how both the archbishop of Canterbury, Rowan Williams, and the archbishop of York, John Sentamu "behaved very badly" at a meeting to choose the bishop of Southwark in 2010, and "were intent on wrecking both Jeffrey John and [another candidate] Nick Holtam equally".

The memo goes on to record how the meeting descended into acrimony.

"The archbishop of Canterbury was bad tempered throughout," it says. "When it came to voting, certainly two – possibly three – members were in tears and [Williams] made no acknowledgement but carried on regardless. At a critical point Archbishop Sentamu and three other members simultaneously went to the lavatory, after which the voting patterns changed."

According to Church of England legal advice published in June last year, there is no bar to the promotion of gay clergy to a bishopric as long as they are not sexually active and never have been while in the priesthood.

But the document also says a selection committee could veto a gay candidate if "the appointment of the candidate would cause division and disunity within the diocese in question".

A source close to John told the Sunday Times: "This is not a case of demanding something he is not entitled to but a way of resolving the flawed voting process that prevented him being made the bishop of Southwark."

A spokesman for the Diocese of St Albans said John had no comment to make on the reports, while a spokesman for the Church of England said the church would not be commenting either. Downie also declined to comment.

News of John's apparent decision to challenge his employers was welcomed by those seeking a radical rethink of the Church of England's attitudes to sexuality.

The Rev Colin Coward, the director of Changing Attitude, which works for the full inclusion of gay, lesbian, bisexual and transgender people in the Anglican communion, said he hoped John would succeed in his action.

"I think the church has behaved appallingly towards him in particular and is continuing to behave appallingly towards its lesbian, gay, bisexual and transgender clergy and lay people in general," he said.

"It is time for the church to be held to account for its abusive behaviour and its entrenched prejudice and homophobia."

The Rev Rod Thomas, chair of the conservative evangelical group Reform, said that despite his talents, John remained a divisive figure for many in the church.

"I think he knows that one of the things that bishops try to do is be a focus for unity and, hitherto, it has been clear that given the current controversies in the church over sexuality, Jeffrey John would find that very difficult," he said.

"Sexuality is a big issue facing the western world as a whole and the Church of England in particular, and while those issues are being debated and discussed, Jeffrey John is a figure that to some extent stokes the fires of controversy rather than finds a way through." Thomas added that he found the use of the law to solve internal church disputes "highly regrettable".

In 2008, John Reaney, who was represented by Downie, was awarded £47,000 in compensation after an employment tribunal found that the bishop of Hereford had discriminated against the gay youth worker because of his sexuality.

Reaney – who had previously worked for another diocese – was unanimously recommended for the job by a diocesan interview panel. However, he was turned down by the bishop, the Right Rev John Priddis, who questioned him about his private life, previous relationship and sexuality. Despite criticism from gay clergy and gay rights groups, Priddis said he stood by his action, adding: "I still think the decision I made was the right one."

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