Since there was no Tribunal called over the Marriage of Archbishop Aftimios Ofiesh it appears the other Churches did not consider his action a serious violation of their canons and therefore a new precident was established .
Also it must be noted that the North American Holy Synod has declared Archbishop Aftimios Ofiesh of Blessed Memory a Martyr due to the past and present attacks on him, the denial of his jurisdiction and the denial of communion with the sister Churches who violated the canons over the years by turning their backs on this Church and its clergy, who stole or Churches, parishes and clergy without the required letters, and who claimed he had no authority over the American Orthodox, like Abp. Alexander of the Greek Orthodox Church, wh claimed without any canonical authority that he was over "All" Orthodox in North America thus causing a Schism in American Orthodoxy.
Violations of the canons include insulting a bishop (even one who has reposed) c. LV of the 85c and stealing the good name and good Character since stealing anything violates the canons - c. 3 of the 12 c., c. LXI of the 92 c. and other canons apply.
It is clear that no canonical violation occured by the marriage for a number of reasons;
When Archbishop Aftimios Ofiesh married most people forget some important factors.
1. A canon is only violated if it was adopted by the Church involved. It is clear by the writings of other SCOBA clergy, such as those on orthodoxwiki, as well as our own clergy that this Church did not adopt the canon on married bishops. If the church did not adopt the canon how can it be violated. The Antiochians, Greek, OCA and other groups did adopt the canon and like to claim Abp. Ofiesh violated "their canon" but it did not apply to Archbishop Ofiesh or this Church. See: The Orthodox Church: 455 Questions and Answers
Archbishop Ofiesh was a canonical Orthodox bishop who was never removed from office. He was appointed by the Synod of Bishops in North America of the Russian Church of the Moscow Patriarchate (Metropolia) to head the new canonically established American Church.
2. Other factors include;
A. The Church does not recognize a civil marriage and Aftimios did not marry in Church.
B. Aftimios was never called before a Tribunal by the Ecumenical Patriarchate as he desired, therefore no other authority or jurisdiction ever existed with power over this Church or its Synod to remove, depose or excommunicate Abp. Ofiesh.
C. Since no valid authority existed over Abp. Ofiesh outside this Church and since this synod did not act against him he could not be canonically deposed, excommunicated or in any way be removed from Office by others and he never was.
D. In 1997 we had posted on our website a decree stating that no other jurisdiction had any authority to act against Abp. Ofiesh since no Tribunal ever was called. He continued as the head of this canonically established Church and our Synod stated we lifted any such claimed decree against Abp. Ofiesh since it was not canonical or valid. We have nevet seen any such decree but read the claims of these schismatic clergy on their websites. Since they desire to be the American Church they must attack us with their modified church history to guve themself some credibility.
E. By their silence the other canonical jurisdictions allowed Abp. Ofiesh to establish a new Orthodox Tradition in the American Church. Bishops were allowed to marry. Today this is supported by the action of the Antiochian Orthodox Christian Archdiocese when they allowed a widowed priest to remarry. We understand the late Abp. Iakovos wrote a letter while the head of the GOA that called for changes to allow bishops to marry.
F. Celibacy is a Church made rule and not from Scripture. The Roman Church forces Celibacy on all their clergy but allows clergy of other Churches they accept to be married and to remain married. They then "hide" this fact from the general public. In Orthodoxy a man may be married prior to minor orders and being ordained a priest but is not supposed to marry after he is ordained - but that has been allowed.
G. It appears the ethnic groups no longer considered the Rudder to be the "Sacred and Divine" Canons, but more like the guidelines of the Church.
H. The Holy Eastern Orthodox Catholic and Apostolic Church in North America was incorporated on Feb. 1, 1928 by Archbishop Aftimios Ofiesh and others. This Church continues today as the canonically established orthodox church we are.
I. The SCOBA jurisdictions lost all canonical authority in 1929 by their act of Schism against this Church. Their attacks continue today by priests who attack Abp. Ofiesh by their false written claims which is a violation of the canons.
The Schism means they have no sacramental authority today and all those who have prayed with them also, according to the canons of the orthodox church, have also lost their sacramental authority.