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Both the Diocese of New York and its Bishops have strongly supported the legalization of same-sex marriage in New York State, and welcomed the passage of the new law enabling legal marriages of same sex couples beginning July 24, 2011. Upon the passage of that law, the question therefore naturally arises as to whether or not these marriages may be carried out by an Episcopal priest in the Diocese of New York.
The Episcopal Diocese of New York is, however, bound by Article I of its Constitution to abide by the Canons of the national Episcopal Church, which do not currently empower diocesan bishops to authorize clergy to perform same-sex marriages.Clergy, equally, are bound by their ordination vows to uphold the laws and discipline of the church.
Bishop Sisk has, accordingly, not authorized the performance at this time of such marriages by Episcopal priests in the Diocese, nor has he authorized them to perform civil marriages in their capacity as officials of the state. In a June 29 letter to the clergy in which he lays out his policy and his views on an appropriate pastoral response, referring to a resolution of the 2009 General Convention which said that that "bishops, particularly those in dioceses within civil jurisdictions where same-gender marriage, civil unions, or domestic partnerships are legal, may provide generous pastoral response to meet the needs of members of this Church...," he wrote "I do not believe that Resolution C056 empowered bishops to authorize clergy to perform such marriages. Nor do I believe that it is appropriate for clergy to circumvent the vows we have taken by becoming separately licensed by the state to perform such marriages."
Bishop Sisk has, however, strongly encouraged the exercise of creativity in the creation of liturgies for the blessing of same-sex marriages, and has specifically mentioned the possibility of a lay official of the state performing a civil marriage in a church prior to its blessing by a priest.