Domineque Ray

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Religious freedom case involving Buddhist death row inmate in Texas just got more intriguing

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At first glance, it might seem like a simple solution.

The state of Texas had a quick response to the U.S. Supreme Court decision involving a Buddhist death row inmate who asked for his spiritual adviser to be in the execution room with him.

In case you missed it earlier, the high court granted a rare stay of execution to Patrick Murphy last week. This came, as we noted, after a different high court ruling in an Arkansas case concerning Muslim inmate Domineque Ray.

The Lone Star fix? Ban all religious chaplains from the death chamber.

OK, problem solved. Or not.

The better news reports I’m seeing — both in Texas papers and the national press — reflect the crucial legal arguments in Patrick Murphy’s case and not just the simplified sound bites.

Among the incomplete coverage, CNN reports the Texas change as if it’s the end of the discussion:

(CNN) The Texas Department of Criminal Justice will bar chaplains, ministers and spiritual advisers from execution chambers in the wake of a Supreme Court ruling last week that halted the execution of an inmate who sought to have his Buddhist spiritual adviser in the death chamber.

The move is the latest step in a controversy that pit the religious liberty concerns of death row inmates against security concerns of prisons.

The justices agreed to stay Patrick Henry Murphy's execution, but weeks earlier, had denied a similar request from an inmate in Alabama.

Murphy's initial request had been denied by Texas because officials said for security reasons only prison employees were allowed into the chamber, and the prison only employed Christian and Muslim advisers.

Lawyers for Murphy challenged the policy arguing that it violated Murphy's religious liberty rights. The Supreme Court stepped in and put the execution on hold.

In a statement released Wednesday, the state now says that, "effective Immediately," the protocol now only allows security personnel in the execution chamber.

To its credit, CNN notes:


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Buddhist vs. Muslim: Journalists ask why SCOTUS intervened in one death penalty case, not another

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“Journalists really need to follow up on this crucial religious-liberty case,” our own tmatt wrote in February after the U.S. Supreme Court allowed the execution of a Muslim inmate. The big issue in that case was Alabama inmate Domineque Ray’s execution without a spiritual leader from his own faith at his side.

But last week, the high court granted a rare stay of execution for a Texas inmate as he was waiting in the death chamber. Justices ruled that the refusal of Texas to allow a Buddhist spiritual adviser to be present violated Patrick Murphy’s freedom of religion.

Wait, what gives?

Why let one inmate die and another live in such similar cases?

Such questions sound like perfect pegs for inquisitive journalists.

Speaking of which …

Robert Barnes, the Washington Post’s veteran Supreme Court reporter, points to the court’s newest justice:

It’s difficult to say with certainty why the Supreme Court on Thursday night stopped the execution of a Buddhist inmate in Texas because he was not allowed a spiritual adviser by his side, when last month it approved the execution of a Muslim inmate in Alabama under almost the exact circumstances.

But the obvious place to start is new Justice Brett M. Kavanaugh, who seemed to have a change of heart.

Kavanaugh on Thursday was the only justice to spell out his reasoning: Texas could not execute Patrick Murphy without his Buddhist adviser in the room because it allows Christian and Muslim inmates to have religious leaders by their sides.

“In my view, the Constitution prohibits such denominational discrimination,” Kavanaugh wrote.

But Kavanaugh was on the other side last month when Justice Elena Kagan and three other justices declared “profoundly wrong” Alabama’s decision to turn down Muslim Domineque Ray’s request for an imam to be at his execution, making available only a Christian chaplain.

“That treatment goes against the Establishment Clause’s core principle of denominational neutrality,” Kagan wrote then.

Keep reading, and the Post notes differences in how the inmates’ attorneys made their arguments:


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Solid, if low key, coverage of Muslim inmate executed in Alabama -- without his imam present

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It was the kind of outrageous story that grabbed the attention of GetReligion readers, as well as old-school First Amendment liberals who care deeply about protecting religious liberty.

Plenty of journalists saw the importance of this story last week, which tends to happen when a dispute ends up at the U.S. Supreme Court and creates a sharp 5-4 split among the justices.

The question, in this case, was whether journalists grasped some of the most symbolic, painful details in this execution case in Alabama. I looked at several stories and this USA Today report — “Alabama executes Muslim inmate Domineque Ray who asked for imam to be present“ — was better than the mainstream norm. Here is the overture:

MONTGOMERY, Ala. — Alabama death row inmate Domineque Ray died by lethal injection Thursday evening with his imam present in an adjoining chamber. …

Ray was executed after an 11th-hour ruling from the U.S. Supreme Court vacated a stay of execution pending a religious rights claim. Ray, a Muslim, had argued Alabama's practice of including a Christian prison chaplain in the execution chamber was in violation of the First Amendment. Ray sought to have his imam present in the death chamber at the time of his death.

Imam Yusef Maisonet, Ray's spiritual adviser, witnessed Ray's execution from a chamber which held media and prison officials. Two lawyers accompanied Maisonet.

When the curtain opened at 9:44 p.m., Ray lifted his head from the gurney, looking into the witness room. With his right hand in a fist, he extended a pointer finger.

Maisonet appeared to mirror the gesture and murmured that it was an acknowledgement of the singular God of the Islamic faith. When asked if he had any final words, Ray gave a brief faith declaration in Arabic.

OK, I will ask: What did Ray say, in Arabic? Did he speak Arabic? If not, then the odds are very good that Ray’s final words were a memorized quote from the Koran. It would have been good to have known the specifics.

That’s an important missing detail, but not the key to this story. The big issue, in this case, was that Ray was executed without a spiritual leader from his own faith at his side. USA Today managed to get that detail — along with the crucial fact that state policy only allowed a Christian chaplain in the execution room — at the top of this report. That’s where those facts belonged.


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