The decision was made in January in response to a motion filed by those who accuse the former Bishop of Iowa. He has been charged with violating his own ordination vows by ordaining a non-celibate homosexual as a deacon. At the time, Bishop Righter was serving as an assistant bishop in the Diocese of Newark. According to the Episcopal News Service, each side will submit written arguments, and then have three hours to give oral evidence at the court's opening session on 27 February. The General Convention of the Episcopal Church in the USA has called the ordination of practising homosexuals 'inappropriate'.
Some bishops interpret that as binding, while others view it only as a recommendation.