Ramirez v. Collier
Issues
Does Texas’s prohibition against a spiritual advisor 1) touching a capital prisoner or 2) singing or saying prayers during an execution violate either the free exercise clause or the Religious Land Use and Institutionalized Persons Act?
This case asks the Supreme Court to decide whether prisoners have the right to have their spiritual advisors conduct religious actions within execution chambers. Although the Supreme Court has established that there is a right to have a spiritual advisor present, this case asks the court to further define the extent to which spiritual advisors can facilitate religious practice while present. Petitioner John Henry Ramirez argues that not allowing touch or audible prayer by a spiritual advisor severely burdens his religious liberty. Respondents, including Texas Department of Criminal Justice Executive Director Bryan Collier, counter that forbidding these actions is the least restrictive option the prison has for permitting an inmate’s religious exercise while maintaining safety and security during executions. The decision in this case will affect prisons’ execution procedures and religious rights of prisoners.
Questions as Framed for the Court by the Parties
(1) Whether, consistent with the free exercise clause and Religious Land Use and Institutionalized Persons Act, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from laying his hands on his parishioner as he dies, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest; and (2) whether, considering the free exercise clause and RLUIPA, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from singing prayers, saying prayers or scripture, or whispering prayers or scripture, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest.
In 2008, a Texas state court convicted petitioner John Henry Ramirez (“Ramirez”) of capital murder for stabbing a man 29 times outside a convenience store and robbing him of $1.25. Ramirez v. Collier, at 1. Although Ramirez has always believed in God, while in prison he became a devout Christian.
Additional Resources
- Debra Cassens Weiss, SCOTUS stays execution, agrees to hear request for pastor's hands-on, out-loud prayer in death chamber, ABA Journal (Sept. 9, 2021).
- Jordan S. Ruben, Justices Grant Rare Stay, Argument on Religion at Execution, Bloomberg Law (Sept. 8, 2021).