The Rt. Rev. Walter C. Righter, accused of violating his ordination vows by ordaining a practicing homosexual to the diaconate in 1990, has responded to the charge of presentment [TLC, Feb. 19] in a 22-page document. Bishop Righter, retired Bishop of Iowa, was Assistant Bishop of Newark when he ordained the Rev. Barry Stopfel.

Ten diocesan bishops brought the presentment charge against Bishop Righter in January. Bishop Righter's response, accompanied by 18 pages of appendices, was delivered to Presiding Bishop Edmond L. Browning, and sent to all bishops May 15. If one fourth, or 75, of the church's 297 bishops consent by Aug. 15, a trial can be held.

Bishop Righter's response to the presentment was written by Michael Rehill, chancellor of Newark, and includes the chancellors of Pennsylvania, Michigan, Washington and Chicago, other dioceses where non-celibate homosexuals have been ordained in recent years, as counsel on the brief.

In the summary of the argument, the brief states: The presentment "is based on a misunderstanding of the doctrine of the Episcopal Church and the sources of such doctrine. Notwithstanding that the only recognized sources of the doctrine of the Episcopal Church are Holy Scripture, the Apostles' Creed, the Nicene Creed and the Book of Common Prayer (the latter alone being recognized in the Canons of this Church as the repository of the only 'authorized formularies of this Church'), the presentment contends that the doctrine of this church is found in resolutions and 'teachings' of the House of Bishops. Based upon that false premise, the presentment claims that it is the doctrine of the Episcopal Church that non-celibate homosexual persons may not be ordained.

"There is no doctrine of the Episcopal Church on the issue of whether it is permissible or impermissible to ordain non-celibate homosexual persons."

The presentment charges Bishop Righter with holding and teaching "doctrine contrary to that held by this church" and with violation of ordination vows."

In the response, Bishop Righter denies holding and teaching doctrine contrary to that held by the church. He also "affirms, without reservation or exception, the doctrine of the Episcopal Church."

Bishop Righter also admits that he "was aware that Barry Stopfel was a homosexual man living in a non-celibate committed relationship of long standing with another," and he denied that the ordination constituted a violation of ordination vows.

In a section titled "Argument," the brief states: "The moral and social teaching of the church, unlike its fundamental doctrine, is open to modification (e.g., remarriage after divorce, relations with South Africa); development (e.g. the role of women in the church) and even repudiation (e.g. slavery), in light of changing perceptions and understandings of the human condition. It is continually under review and the subject of regular legislation by General Convention, but it is not the doctrine of the Episcopal Church."

The brief concludes: "There is no basis for bringing Bishop Righter to trial ...", and "it is respectfully submitted that the House of Bishops should not consent to proceeding to a trial and the presentment should be dismissed."

Among the appendices are the statement of Koinonia written by the Rt. Rev. John S. Spong, Bishop of Newark, Bishop Righter's ordination vows, made in 1972, and the statement of the Presiding Bishop that "this presentment is not the way to go" [TLC, March 26].

The presentment was brought by the Bishops of Central Florida, Dallas, Eau Claire, Florida, Fort Worth, Rio Grande, San Joaquin, Texas and West Tennessee.

Several bishops were contacted by TLC for their reactions to Bishop Righter's response. Most said they had not read it as yet. The Rt. Rev. Rogers S. Harris, Bishop of Southwest Florida, said "I will prayerfully consider it." He said he thought the matter probably would go to trial, and that it would be "a terrible waste of time and money. It will damage the church and not answer the question."