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On Tuesday, a new Texas Department of Criminal Justice policy went into effect, from being in the execution chamber with an inmate. The decision came after the U.S. Supreme Court, last week, postponed the execution of Patrick Murphy, a member of the Texas Seven group.
The court said his execution had to wait until Texas decided on its policy about the presence of spiritual advisers during executions. The state had originally denied Murphy鈥檚 request to have a Buddhist priest, which Murphy appealed because Texas had allowed advisers from other faiths to be in the execution chamber. In his opinion, Associate Justice Brett Kavanaugh wrote that Texas needed to find a way to accommodate all faiths so as not to discriminate, or allow no advisers at all. TDCJ decided on the latter.
is a criminal justice reporter for The Texas Tribune, and says until the policy change, TDCJ had allowed Christian and Muslim spiritual advisers in the execution chamber for decades. Now, it only allows advisers of any faith to go as far as the viewing room. But she says critics argue that the change infringes on inmates' religious freedoms.
鈥淭here鈥檚 a difference between discrimination among religions 鈥� and then there鈥檚 one that鈥檚 just infringing on religious rights overall,鈥� McCullough says one lawyer told her.
She says TDCJ is 鈥渄igging in鈥� with this decision, which may not work in Texas鈥� favor as the Supreme Court continues to process Murphy鈥檚 appeal. In other words, the court might view Texas鈥� new policy as yet another form of religious discrimination.
As for Murphy鈥檚 execution, McCullough says it鈥檚 indefinitely postponed until the Supreme Court decides. That鈥檚 because Murphy鈥檚 appeal was based on the fact that he was specifically denied a Buddhist priest. But now, TDCJ鈥檚 new policy essentially nullifies Murphy鈥檚 argument, so it's up to the Supreme Court to decide how the case will move forward.
鈥淭he Supreme Court said, 鈥楽top this execution until his full petition can be reviewed,鈥欌�� McCullough says.
Written by Caroline Covington.
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