The Supreme Court blocked the execution Tuesday of Ruben Gutierrez, a Texas inmate who was not allowed to die in the presence of a Christian priest.
said barring all religious advisers would be one way to solve the discrimination. At the time, only Christian and Muslim advisers had the proper clearance to accompany prisoners into the execution chamber.
"As this court has repeatedly held, governmental discrimination against religion – in particular, discrimination against religious persons, religious organizations, and religious speech – violates the Constitution," Kavanaugh wrote. "What the state may not do, in my view, is allow Christian or Muslim inmates but not Buddhist inmates to have a religious adviser of their religion in the execution room," he said.
The latest case involved Ruben Gutierrez, 43, who was convicted of killing an elderly woman during a home robbery in 1998. His execution was stopped by a federal judge last week to review both the religious claim and his request for DNA testing. But it later was reinstated by the U.S. Court of Appeals for the 5th Circuit.
"Ruben Gutierrez believes that the presence of a Christian chaplain in the execution chamber will assist his passing from life to death and guide his path to the afterlife," his lawyer, Matthew Lawry, argued."Prior to April 2019, the state of Texas would have allowed this practice, as chaplains have been present for hundreds of executions in Texas. But Texas changed the rules."
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