The Supreme Court issued a stay of execution for Patrick Murphy Thursday, who petitioned the high court hours before his execution, arguing he’s entitled to have a Buddhist minister present in the chamber with him.
Murphy, slated to be executed in Texas, said he began asking a month ago for a Buddhist minister — either his own spiritual adviser of six years, Rev. Hui-Yong Shih, or one picked by the state —to accompany him.
But Texas’s policy says only Department of Criminal Justice employees could go into the chamber, and that apparently doesn’t include Mr. Shih.
Texas permits Christian or Muslim inmates to have a spiritual adviser inside the chamber or in a viewing room. But the state policy doesn’t give the same option to other inmates — such as Buddhists. Instead, they have to have their advisers only in the viewing room.
The court, in a 7-2 decision, said Texas cannot execute Murphy unless it allows Rev. Shih or another Buddhist adviser to accompany him upon his request.
Justice Neil M. Gorsuch and Justice Clarence Thomas would have denied the request.
Justice Brett M. Kavanaugh agreed with the court’s decision, writing the “Constitution prohibits denominational discrimination.”
He said the state should either “allow all inmates to have a religious adviser of their religion in the execution room” or “allow inmates to have a religious adviser, including any state-employed chaplain, only in the viewing room, not the execution room.”
A spokesperson for the Texas Department of Criminal Justice said their legal team is examining the court’s ruling and determining its future impact.
Murphy’s case is similar to one that reached the high court earlier this year involving an Alabama inmate who practiced Islam, and who wanted an Imam to accompany him. Alabama had a similar policy regarding approved corrections department employees, which meant in practice that the prison’s Protestant chaplain was the only clergy approved to join inmates.
The high court rejected that man’s appeal, which came late in the process, though legal experts said they expected the court would eventually have to grapple with the broader religious freedom issues.
Murphy was convicted of killing a police officer in 2000, according to news reports.
The Becket Fund for Religious Liberty, a legal advocacy organization, filed a friend of the court brief in defense of Murphy, saying one’s ability to have a faith adviser present at death is a century old practice.
“The Founders would not have recognized a Free Exercise Clause that did not ensure a man’s last moments included the opportunity to make peace with his faith,” Becket’s brief argues.
“Religious liberty won today. The Supreme Court made it clear that the First Amendment applies to every American, no matter their faith,” said Eric Rassbach, vice president at Becket.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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