by

I am horrified. Apparently “religious freedom” is an empty phrase when it comes to Death Row.

Let’s recap the insane saga in the State of Alabama over the last week. Domineque Ray is a Muslim inmate on Death Row, with an execution scheduled for today. Late in January, as the State started walking him through execution procedures, Alabama informed him that a Christian chaplain was required to be in the room with him at death, but his Muslim Imam would be barred.

Ray sued within days, asking for access to an Imam. The trial court said no. Yesterday, the 11th Circuit Court of Appeals said “maybe, let’s hold off on the execution for 3 weeks while we evaluate what looks like an incredibly strong First Amendment / prison religious freedom claim.”

Late this evening, the U.S. Supreme Court reversed the 11th Circuit, 5-4. It said Ray’s request came too late — even though yesterday the 11th Circuit found he had sued immediately upon learning about Alabama’s (unconstitutional) Christian-only rule.

Ray will be executed tonight.

The five “conservative” justices who voted to kill Ray tonight include four Catholics and an Episcopal (raised Catholic). They’re viewed as pro-life. They’re viewed as pro-religious freedom. They’re viewed as skeptical of government power.

But apparently all those principles get thrown out the window when a Muslim man makes a humble request not to avoid execution, but simply to have his spiritual guide from the last decade in the execution chamber as he dies.

I don’t believe Justices’ views should be governed by religion. Yet many commentators nonetheless point to the Conservatives faith to explain their “pro-life” stance. I’ll simply point out here that Catholic pro-life doctrine extends to utter condemnation of the death penalty.

Tonight, there was a clear legal path forward towards compassion and religious tolerance of Ray’s dying wish. The Eleventh Circuit saw it. Three Jews and another Catholic on the Supreme Court saw it. All the other five Justices had to do to do good today was to do nothing.

If your professed legal commitment to religious freedom can’t make room for an Imam in an execution chamber, I’m skeptical that you believe in religious freedom at all.

Tonight, I pray for peace and comfort for Domineque Ray.