Rt Revd Alan Wilson claims the current rules discriminate against gay clerics who are in same-sex relationships, suggesting the rules have developed an environment of "fear and intimidation" amongst gay vicars.
Bishop Alan says the legislation around equal marriage contains no protection for the consciences of clergy who want to perform same-sex weddings, despite offering similar protections for those who are against it.
The Bishop, who has openly supported same-sex marriage legislation has claimed the Church of England's own rules do not define marriage in gender terms under article 39 of its own constitution.
Speaking on Premier's 'News Hour', Bishop Alan said: "I think the whole idea of this ban is legally extremely flimsy."
"It says the clergy may marry, according to their discretion, as they believe may best serve Godliness. Now if you think it's more Godly to shack up with your partner than marry them, I suppose there's an argument to be had there, and some people may feel that way.
"I think most would say that a stable relationship that's committed and faithful and mirrors the love of Jesus for the Church is much Godlier than a temporary arrangement.
"Now we live in a society in which it is possible for people to enter into marriage if they're gay, it seems perfectly sensible they should do so.
"What is going on is some real injustice that's making life very tough right now for many gay clergy - a culture of fear and intimidation, sort of black balling, white washing, all the old nonsense we used to have and hypocrisy with don't ask, don't tell."
Listen to Premier's Des Busteed interview Bishop Alan here:
