Earlier this year, an Employment Tribunal upheld the decision by the Lord Chancellor and Lord Chief Justice to stop Richard Page sitting on panels deciding the future of children.
He had ran into trouble after comments on TV where he said: "My responsibility as a magistrate, as I saw it, was to do what I considered best for the child, and my feeling was therefore that it would be better if it was a man and woman who were the adopted parents."
It was claimed that his words brought the magistry into disrepute as they suggested a bias and prejudice against single sex adopters.
Mr Page has now been granted permission to take his case against the Lord Chancellor and Lord Chief Justice to the Employment Appeal Tribunal.
Responding to the decision, he said: "I am amazed that it has taken so long to get this far. It is vital that we maintain the true independence and impartiality of the judiciary and that ordinary people like me are not excluded from it."
Andrea Minichiello Williams, chief executive of the Christian Legal Centre which is supporting Mr Page said: "This is an important moment, shining a light on how justice is done in our country. Even the top judges in the land should not beyond proper scrutiny and we are glad to see Richard's claim go forward.
"It was always disproportionate to remove a kind-hearted and long-serving public servant like Richard from his position simply because of the way that he expressed his beliefs."
It's unknown when the appeal will take place.
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