Tangent: Texas Cannot Kill A Man Unless It Allows His Pastor In The Death Chamber, To Pray With, And "Lay Hands" On Him: SCOTUS

Late last night, the Supremes unsurprisingly ruled (given the court's own recent holding in Alabama v. Willy Smith III) that Texas must allow a spiritiual adviser to be inside the death chamber, and pray with the inmate, as well as lay hands on him -- as he is put to death.

Some years ago, one of these southern states had tried to say that an Imam could be refused (no Muslim praying), but Christian ministers could come into the death chamber to pray with Christian inmates as they died. [I think it was Texas, as well -- but I won't bother to look it up. The whole puppet theater of the Governor in it is. . . absurd. And cruel.]

Of course I agree that the victims of a capital crime deserve primary consideration here, in witnessing the execution but no crime victim has any legitimate interest in preventing any death-eligible inmate from exercising his/her own religious convictions -- as s/he is put to death. So, since the first amendment is clear on its face, here. . . Governor Abbott deserves to lose. And he will. From the earlier Alabama opinion then:

. . .Under that statute, a prison may not “impose a substantial burden” on a prisoner’s “religious exercise” unless doing so satisfies our strict-scrutiny test: The challenged policy must be “the least restrictive means of furthering [a] compelling governmental interest.” 42 U. S. C. §2000cc–1(a). That standard, we have often explained, is “exceptionally demanding.” Holt, 574 U. S., at 364. If any “less restrictive means is available for the Government to achieve its goals, then the Government must use it.” Id., at 365.

Alabama’s policy substantially burdens Smith’s exercise of religion. The State bars all clergy members from the execution chamber, leaving inmates to die without spiritual attendance. But Smith understands his minister’s presence as “integral to [his] faith” and “essential to [his] spiritual search for redemption.” Complaint ¶64; Decl. of Spencer Hahn in No. 2:20–cv–1026, Doc. 4–1, ¶14. His pastor, Smith says, will not only “relieve his struggle as he passes,” but also help him “properly express to God his repentance.” Complaint ¶¶65–66. The sincerity of those religious beliefs is not in doubt: Alabama acknowledges that Smith’s request is “based on a religious belief and not some other motivation.” Brief for Defendant-Appellee in No. 21–10348 (CA11), p. 24. So Alabama’s policy must withstand strict scrutiny.

And it cannot. . . .

Once again, Gov. Abbott seeks entirely un-Christian outcomes, under the guise of his pro-religiousity governing schemes. Ugly.

नमस्ते