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96199   Episcopal Church Court Dismisses Charges Against  
             Retired Bishop Who Ordained a Gay Priest 
 
                         by James Thrall 
                      Episcopal News Service 
   
WILMINGTON, Del.--An Episcopal Church court dismissed charges May 15 
against retired Bishop Walter C.  Righter.  The court held that neither the 
doctrine nor the discipline of the church currently prohibit the ordination 
of a noncelibate homosexual person living in a committed relationship.   
 
     In early 1995 Righter was charged by ten bishops under church canons 
for "teaching publicly and advisedly that a practicing homosexual may 
properly be ordained" in the Episcopal Church and for violating his 
ordination vows for ordaining Barry L. Stopfel, a candidate from the 
Diocese of Newark, who was living and continues to live in what is 
described as a committed relationship with another man. After the charge, 
called a "presentment," was endorsed by the required one-fourth of the 
church's bishops, the matter was referred to an ecclesiastical court of 
nine bishops.  
 
     Seven of the judges agreed that the ordination did not violate the 
church's doctrine or discipline.  
   
     Bishop Andrew Fairfield of North Dakota filed a dissenting opinion 
that adopted the presenters' argument that the church's traditional 
teachings are part of its doctrine and the teaching against ordination of 
noncelibate homosexual persons is binding on the church and its bishops. 
He pointed to evidence in scripture and the "Book of Common Prayer" 
reflected in a 1979 General Convention resolution that he held to be a 
proscription of ordination of noncelibate homosexual persons. 
 
     The majority opinion stated that "The Court is not giving an opinion 
on the morality of same gender relationships.  We are not deciding whether 
life-long, committed, sexual same gender relationships are or are not a 
wholesome example with respect to ordination vows. We are not rendering an 
opinion on whether a bishop and diocese should or should not ordain persons 
living in same sex relationships.  Rather, we are deciding the narrow issue 
of whether or not under Title IV [the church's disciplinary canons] a 
bishop is restrained from ordaining persons living in a committed same 
gender sexual relationship."  
 
     The court also stated, "We remind the Church that this issue will not 
be resolved and the Church unified in its faith and practice by 
presentments and trials, nor by unilateral acts of bishops and their 
dioceses, or through the adoption of proclamations by groups of bishops or 
others expressing positions on the issues." 
 
     The court drew a distinction between the "Core Doctrine" of the church 
found in the New Testament proclamation about Jesus and in the Nicene and 
Apostles' creeds and other doctrinal matters or traditional teachings on a 
range of issues of faith, belief, practice, and morals that have gradually 
changed over the centuries. 
 
     The court ruled that the canon on doctrine protects only the church's 
Core Doctrine. It also ruled that other church teachings and resolutions of 
the church's legislative body, the General Convention, may at times be 
enforceable under the canons but concluded that the teaching against the 
ordination of noncelibate homosexual persons was not presently enforceable 
under the constitution and canons of the church.   
 
     In a concluding section on pastoral concerns, the majority offered 
several suggestions about how the General Convention, which next meets in 
1997, might offer greater clarity to order the church's life on this issue, 
stating that it could pass a canon stating explicitly either that 
ordination of noncelibate homosexuals persons is or is not permitted.  It 
also stated that a trial is a poor way to clarify doctrine or to secure 
good order in the church. 
 
     Two of the seven, Bishop Roger White of Milwaukee and Bishop Donis 
Patterson of Dallas (retired), concurred with the majority's conclusions 
but raised an additional issue discussing the potentially disruptive 
implications of the court's decision.   
 
     A pretrial hearing was held in Hartford, Connecticut, on December 8 of 
last year.  The presenters, represented by A. Hugo Blankingship, and 
Michael F. Rehill, chancellor of the Diocese of Newark, representing Bishop 
Righter, agreed that the basic issue in the case was the doctrine of the 
Episcopal Church.  At a widely attended public hearing on Feb. 27, the 
court heard arguments on the doctrine of the church.  The court thereafter 
concluded that the presentment also raised the question of whether the 
church's discipline had been violated and requested briefs from the parties 
on that issue. 
 
     The bishops signing the majority opinion were Edward W. Jones of 
Indianapolis, presiding, Douglas E. Theuner of New Hampshire, Robert C. 
Johnson Jr. of North Carolina, Cabell Tennis of Delaware, Roger J. White of 
Milwaukee, Donis D. Patterson of Dallas (retired), and Arthur E. Walmsley 
of Connecticut (retired).  Bishop Frederick Borsch of Los Angeles withdrew 
as a judge before the court's decision was announced.   
 
     The presenters can appeal the question of the church's doctrine on the 
ordination of noncelibate homosexual persons living in committed 
relationships to a court of review consisting of nine bishops. 

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