A Church of Scotland court has upheld a complaint that a presbytery broke the moratorium on gay clergy by nominating a gay man for training as a minister.

Dmitri Ross, 42, who is in a civil partnership, was nominated for training in September by Hamilton Presbytery, the third largest in Scotland.

Several weeks later, he withdrew his candidacy, saying he did not want to be a “source of division” in the Kirk.

According to the Herald, the Kirk voted 43 to 38 that the presbytery had been wrong to nominate him for training. It also confirmed that no new gay candidates would be taken on.

The statement has been taken as a key victory by opponents to gay clergy.

Being accepted for training is no guarantee of a job as a minister and Hamilton Presbytery believed that this would not break the moratorium.

Ross was reportedly advised by the central church that the moratorium did not cover training.

The moratorium was decided after anger over the ordination of Rev Scott Rennie, who was selected as Scotland’s first out gay minister earlier this year.

It will be in place until 2011, when a special commission will look again at the issue of gay ministers.