Skip to main content

Texas | Supreme Court says death row inmate can have spiritual adviser ‘lay hands’ and pray aloud during their execution

The Supreme Court ruled on Thursday that a Texas death row inmate could have his spiritual adviser pray aloud and “lay hands” on him during his execution, establishing new guidelines that will govern similar requests in other prisons across the country.

Chief Justice John Roberts wrote the 8-1 decision. Justice Clarence Thomas filed a dissent.

The dispute is the latest case the court has reviewed asking it to balance an inmate’s request for a religious accommodation at execution and a state’s wish to respect security and safety concerns in the chamber.

The case arose after the court in September agreed to block the execution of John Henry Ramirez while the justices considered his requests concerning his pastor. The current policy in Texas is to allow a pastor in the chamber, but the pastor cannot speak up or physically touch the inmate.

Ramirez was convicted of robbing and murdering Pablo Castro in 2004, stabbing him 29 times in a convenience store parking lot. He also robbed a second victim at knifepoint and fled to Mexico, evading arrest for 3 1/2 years, according to the Texas attorney general’s office.

The ruling does not change Ramirez’s death sentence.

A lawyer for Ramirez – who did not argue his innocence – argued Texas’ policy violates the inmate’s rights under the federal Religious Land Use and Institutionalized Persons Act of 2000. The federal law provides that the government can’t substantially burden an inmate’s religious exercise unless the government can show that it is the least restrictive means to achieve the government’s interest.

Roberts, writing for the majority, said that Ramirez is likely to succeed in showing that Texas’ policy “substantially burdens his exercise of religion” and that the state had not done enough to show that it had a compelling reason for its policy. The chief noted that there is a “rich history of clerical prayer at the time of a prisoner’s execution, dating back well before the founding.”

He said that while audible prayer could present a risk of interference to the procedure, the state could impose reasonable restrictions, such as “limiting the volume” of the prayer or requiring silence during critical points in the process. Similarly, he argued that the prison currently allows spiritual advisers to stand three feet from the gurney.

“We do not see how letting the spiritual advisor stand slightly closer, reach out his arm, and touch a part of the prisoner’s body well away from the site of any IV line would meaningfully increase risk,” Roberts wrote.

The Rev. Dana Moore of the Second Baptist Church in Ramirez’s hometown of Corpus Christi, Texas, has been a minister to Ramirez. The inmate sought to have Moore in the execution chamber, audibly praying and laying hands on him in the final moments of his life, because that process is deeply rooted in his faith.

Texas Solicitor General Judd Stone had stressed that Ramirez was sentenced to death for “brutally murdering a father of 9 for pocket change” and argued that he had asked only recently for his pastor to lay hands on him and speak up in prayer. He told the justices that it was time to “put an end to these tactics” that allow prisoners to delay their executions, sometimes for months and years, while legal challenges play out.

“Today’s ruling is significant more for what it isn’t than what it is,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. “From the briefs and the argument, it seemed genuinely possible that the justices would revisit when and how courts should determine whether a litigant’s religious beliefs are sincere.”

“Instead, the majority opinion narrowly holds that Ramirez has a viable claim to have an officiant in the execution chamber with him to pray aloud and touch him. That’s not going to change Ramirez’s ultimate fate, but it avoids a much bigger revisiting of how the court treats religious beliefs of all litigants, including death row inmates,” Vladeck said.

Dissent from Thomas


Justice Clarence Thomas, who has been hospitalized this week with what the court has called an infection, dissented, detailing the circumstances of Ramirez’s crime and charging that Ramirez made his claims to simply delay a sentence “lawfully imposed” by Texas.

Thomas, the court’s senior conservative justice, said the majority should have denied Ramirez the opportunity to “manipulate the judicial process.” He charged that the inmate’s lawyer used the federal law at issue “abusively” and that the victim’s family members will now continue to suffer “recurrent emotional injuries.”

“In RLUIPA, Congress created a potent tool with which prisoners can protect their sincerely held religious beliefs,” Thomas said, but “like any tool, it can be wielded abusively.”

A divided federal appeals court had previously allowed Ramirez’s execution to go forward, over the dissent of one judge who said that the execution should be blocked to give the courts time to consider the claims.

Source: CNN, Staff, March 24, 2022

Statement by Death Penalty Action Director Abraham Bonowitz in response to US Supreme Court Ruling in Ramirez v. Collier


Brownsville, TX: "Today the US Supreme Court re-opens the floodgates for executions in Texas, effectively saying it is fine to resume executions so long as a prisoner has his or her clergy in the room, praying aloud and touching them. This, along with questions about execution methods across the United States, is the wrong debate. For us, it is not about how we kill our prisoners, but that we allow government to carry out executions when the system is riddled with error, unfairness, racism and randomness."

The next 2 executions in the country are in Texas and Tennessee on April 21st, followed closely by the planned execution of Melissa. Lucio, who is innocent.

Death Penalty Action opposes all executions and offers action opportunities for concerned citizens to help stop all executions in the United States at https://deathpenaltyaction.org/take-action/execution-petitions/. These action opportunities include the 8 Texas prisoners whose executions have been postponed by COVID concerns or the Ramirez case.

Source: Death Penalty Action, Staff, March 24, 2022


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Tibetan protesters executed for Lhasa riot killings

Tibetan exiles have reported the first executions of those convicted for rioting last year in Lhasa, with at least two people put to death in a rare implementation of capital punishment in the restive region. Two Tibetans convicted of arson and sentenced to death in April were executed on Tuesday morning in Lhasa, reported The Tibetan Centre for Human Rights and Democracy, which is based in the Indian town of Dharamsala—the home in exile of the Dalai Lama. It said that Lobsang Gyaltsen and Loyak had been sentenced to death for their part in setting fire to five shops in the Tibetan capital, killing seven people, in the riot that rocked Lhasa in March last year. Officials say that 21 people — including three Tibetan protesters — died in the violence, which embarrassed Beijing just as it was preparing to stage the Olympic Games and prompted a security crackdown across the Himalayan region. The body of Mr. Gyaltsen had been returned to his family and then submitted to a river burial—an un...

Iran: Delara Darabi has now been scheduled for execution

Delara Darabi has now been scheduled for execution, according to the Iranian newspaper Etemad on 18 April, according to another source on 20 April. She was convicted of murdering a relative when she was 17. Unless the Judiciary intervenes, she can now escape execution only if the woman’s entire family accept payment of diyeh, or blood money. One of the familly is said to be undecided. Iran is a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible: - expressing concern that Delara Darabi is in imminent danger of execution for a crime committed when she was under 18; - calling on the authorities to halt the execution of Delara Darabi immediately, and commute her death sentence; - reminding the authorities that Iran is a state part...

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Iran: Prisoner of conscience Mohsen Amir Aslani hanged for ‘different interpretation of Quran’

Mohsen Amir Aslani NCRI - The Iranian Resistance calls on the UN High Commissioner for Human Rights and the Human Rights Council, as well as all international human rights organizations to strongly condemn the execution of prisoner of conscience Mr Mohsen Amir Aslani on charges of “corruption on earth; changing Islam’s principles and secondary laws; and new interpretation of Quran”.  It further calls for adoption of binding decisions against the growing number of arbitrary executions by the religious fascism ruling Iran. Mr. Amir Aslani, 37, who had been in prison since eight years ago, was once sentenced to four years in prison which was later commuted to twenty-eight months. However, as more fabricated charges were brought against him, the head henchman Judge Salavati condemned him to death. The Iranian regime has refraining from handing over the body of this prisoner to his family through stonewalling and offering contradictory answers to them. The execution...

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

Tennessee Reduced Training in IV Placement in New Lethal Injection Protocol

The protocol that took effect in 2025 sheds new light on Tony Carruthers’ botched execution, when Dr. Mark Fowler spent nearly an hour trying, and failing, to place a secondary IV line Tennessee’s lethal injection protocol adopted a year and a half ago appears to include reduced training in IV placement. That’s the part of the process prison staff failed to complete last month before aborting the execution of Tony Carruthers. Filings from ongoing litigation over the protocol show concerns about the executioners’ training and qualifications aren’t new. 

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

U.S. | Lethal injections are more likely to be botched, experts say

Tony Carruthers, a Memphis man on death row, is one of hundreds of people in the U.S. whose executions did not go as planned When the Tennessee Department of Corrections botched Tony Carruthers’ execution, it wasn’t surprising to Austin Sarat. He’s been researching and writing about “state killings” for decades. “Of all of the methods of execution used in the United States over the last 140 years, lethal injection has the highest rate of being botched,” said Sarat, a professor of law and politics at Amherst College. He said an execution is botched when it deviates from standard operating procedure or official legal protocol.

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

As Idaho Reinstates Firing Squad, Volunteers Sought for Executions

The state becomes the first in the U.S. to make the firing squad the standard method of capital punishment Idaho is opening a new phase in the administration of capital punishment in the United States, returning to the firing squad as the default method of execution. The decision reintroduces a system that has been abolished or abandoned in most of the country and is now being reorganized through a formal and highly structured framework. The new death penalty protocol State authorities have begun recruiting volunteer law enforcement officers to take part in executions. The operational model includes three primary shooters assigned to carry out the execution, two alternates, and one operations coordinator. All participants will remain anonymous, known only to the prison warden and deputy warden.