United States: SC stays execution of Buddhist inmate over denial of his req of presence of his spiritual adviser

March 29, 2019:

On Thursday, the US Supreme Court has stayed the execution of a Buddhist inmate in Texas whose request that his spiritual adviser be present in the execution chamber was denied.

The Court in its order on said that Texas may not execute the inmate, Patrick H. Murphy, "unless the state permits Murphy's Buddhist spiritual adviser or another Buddhist reverend of the state's choosing to accompany Murphy in the execution chamber during the execution", The New York Times reported. Murphy was sentenced to death for the 2000 murder of a Police Officer, Aubrey Hawkins.

He has been a Buddhist for about a decade, according to court papers. Justices Clarence Thomas and Neil M. Gorsuch said they would have allowed the execution to proceed.

In a concurring opinion, Justice Brett M. Kavanaugh wrote that the state's policy of allowing only Christian and Muslim chaplains to attend executions amounted to unconstitutional religious discrimination.

"The Govt may not discriminate against religion generally or against particular religious denominations," Kavanaugh wrote.

"In this case," he wrote, "the relevant Texas policy allows a Christian or Muslim inmate to have a state-employed Christian or Muslim religious adviser present either in the execution room or in the adjacent viewing room.

"But inmates of other religious denominations who want their religious adviser to be present can have the religious adviser present only in the viewing room and not in the execution room itself for their executions.

"Murphy's case was similar to one in February in which the court, by a 5-to-4 vote, allowed the execution of a Muslim inmate in Alabama who had asked that his Imam be present. In Alabama, only a Christian chaplain employed by the prison was allowed in the execution chamber.

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