Supreme court skeptical of Texas death row inmate prayer demand

WASHINGTON — Conservative Supreme Court justices expressed skepticism Tuesday about a Texas death row inmate’s demand that his pastor be allowed to pray out loud and touch him during his execution.

Executions in Texas, the nation’s busiest death penalty state, have been delayed while the court considers the question. The outcome won’t take anyone off death row but could make clear what religious accommodations officials must make for inmates who are being put to death.

Members of the court’s conservative majority suggested during arguments Tuesday that requiring Texas to grant the inmate’s request could lead to a string of cases asking for other accommodations. A lawyer for the inmate said the man would be content to have his pastor touch his foot during his execution, but justices questioned what requests might come next.

“What’s going to happen when the next prisoner says that I have a religious belief that he should touch my knee. He should hold my hand. He should put his hand over my heart. He should be able to put his hand on my head. We’re going to have to go through the whole human anatomy with a series of cases,” Justice Samuel Alito said.

Chief Justice John Roberts and Justice Brett Kavanaugh also expressed concerns about what a ruling for the inmate would mean for requests in the future, with Kavanaugh asking whether all states would have to offer equivalent accommodations.

What if, he asked, one state “allows bread and wine in the execution room right before the execution” or allows the minister to “hug the inmate.” Do other states have to do the same?

The case before the justices involves John Henry Ramirez, who is on death row for killing a Corpus Christi convenience store worker during a 2004 robbery. Ramirez stabbed the man, Pablo Castro, 29 times and robbed him of $1.25.

Ramirez’s lawyers sued after Texas said it would not allow his minister to pray audibly and touch him as he is being given a lethal injection. Lower courts had sided with Texas, but the Supreme Court halted his Sept. 8 execution to hear his case.

Texas says an inmate’s spiritual adviser may pray with and counsel him until he is taken into the execution chamber and restrained on a gurney. But Texas says that after that, while the spiritual adviser is nearby, he can’t speak to or touch the inmate.

“An outsider touching the inmate during lethal injection poses an unacceptable risk to the security, integrity, and solemnity of the execution,” Texas told the justices in briefs filed with the court.

Arguing for Texas, state Solicitor General Judd Stone II also told the justices that Ramirez’s request is just an attempt to delay his execution.