The Anglican Diocese of Wangaratta has taken the first step to defend what it says is its rightful power to bless the marriages of people in same-sex relationships.
After passing a bill in August to introduce same-sex blessings, with a 67-18 majority, the decision was referred to the Anglican appellate tribunal.
In the diocese's primary submissions to the tribunal, legal advocate Rachel Ellyard argued that people within the church could have different views on issues such as this, without it going against the Anglican constitution.
"There are matters about which faithful Anglican people of good conscience can differ," she said.
"Anglicans are able to hold divergent views on many matters and still be Anglicans.
"Individual consciences may regard the teachings of the scripture as leading to differing conclusions on matters of personal behaviour and morality."
The Wangaratta diocese will argue that same-sex blessings should not be decided under the constitution, saying that because there was no authority from the church on the issue, "it was open to Wangaratta to legislate on the question".
"Wangaratta plainly did have that power," Ms Ellyard said.
"Nor is it appropriate to seek to use the tribunal as a sounding board for matters of theological contention between different traditions and emphases within the Anglican church."
She related the issue back to the church's decision to allow the ordination of women in the clergy.
The submission referred to comments about women made by the Bishop of Newcastle in 1987, where he said that while interpretation of scripture cannot change with "every whim and win", the church cannot ignore "300 years of scientific investigation and discovery".
"Blessings are at the heart of the common life of Anglicans," Ms Ellyard said.
"There are well-established practices in many parts of the church which bless people, pets, meetings, buildings and personal endeavours."
The Wangaratta diocese has been listed as one of 47 parties that has registered an interest in the appellate tribunal case so far, including dioceses and individuals from Melbourne, Perth, North Queensland and Tasmania.