Just to clear it up - I'm not asking about myself. The concept of a married deacon, as I see it, disgusts me!
Sigismund, what are these Eastern Churches you refer to and what percentage of the Catholic world do they make up? I ask this because I've never come across a Byzantine Catholic Church - although I'm sure Cleveland, OH has some - with all it's old ethnic neighborhoods.
Sigismund says that if the church is no longer the church then excommunications can no longer be handed out. Let's not take this in that direction because I don't want this particular thread to become a sedevacantist vs. SSPX OK Corral.
Let's clarify this to only this:
Would a married Deacon in the novus ordo church be in a state of mortal sin?
By far, most of the Catholic Church is Latin rite, to be sure. I am not sure what the actual percentage is, but that is an interesting question. I will try to find out.
Married clergy are not absolutely universal in the Eastern Churches. Byzantine Rite priests had celibacy imposed upon them by the Latin rite hierarchy in the US, something we Byzantines generally feel they had no right to do and that we need not pay much attention to. Married Byzantine rite men cannot be ordained in the US, but they can go to Europe, be ordained, come back here and minster as Byzantine priests. I am told that about half of the Romanian Byzantine rite priests are married. Very few of the Ruthenian rite priests are. I don't know about the Melkites, or much about the non-Byzantine eastern rites like the Coptic, Chaldean, or Ethiopian. Maronite priests can marry, but a lot of them, perhaps most, are celibate.
I recognize and accept the proper right of eastern rite clergy to marry. However, I actually think it is much more fitting for priests to be celibate. Not only does this make them more like Our Lord, it makes total dedication to the priesthood much more achievable. No matter how much a married priest loves the Lord and the Church and works for them, his efforts will still be limited by his responsibilities to his family. My son, who is a Byzantine rite priest, says that he cannot imagine doing what he does as a married man, and says that he would have been celibate as a priest even if he could have easily married and been ordained without having to jump through the hoops of going to Europe.
There are lots of Byzantine Churches in Cleveland, of several different jurisdictions. The city I live in (I'm sorry, but I don't want to get specific) has even more. I am able to attend a Byzantine or Maronite rite Matins, Divine Liturgy, and Vespers every day if I am willing to drive, at most 45 minutes. I am also fortunate to have the TLM available as well. There are of course many places, especially outside of east coast and Pennsylvania big cities, where there are no Byzantine Churches at all.
To respond to your other question, no a NO married deacon is not in a state of sin because of his status as a married deacon. I have no real problem with married deacons of either rite. Deacons, although they exercise a holy and important ministry, do not stand in the place of Christ the way a priest does. Also, they don't usually have full time clerical responsibilities in either the Latin or Eastern rites or, for what it's worth, in Eastern Orthodoxy.
I love the Byzantine rite and its liturgy, culture, and spiritual tradition. Married clergy is one of those traditions. However, I am more inclined to think that the Latin rite has this right, and that celibacy is, as it has been called by more than one pope, the jewel of the priesthood.