As reported in this local story, "Alabama Death Row inmate set to die by lethal injection next week claims his execution should be stayed because the prison won’t let him have a Muslim spiritual adviser present in the execution chamber." Here is more about a notable effort to put off an execution:
Domineque Ray, 42, is set to be executed at Holman Prison on Feb. 7 at 6 p.m. by lethal injection for the 1995 killing, rape, and robbery of 15-year-old Tiffany Harville. On Monday, Ray’s lawyers filed a lawsuit in federal court claiming Ray’s right to freedom of religion was being violated. They also asked for a stay of execution.
The lawsuit claims Ray, a Muslim, asked Holman’s Warden Cynthia Stewart last week that he be permitted to have a Muslim spiritual adviser — or imam — in the execution chamber instead of the prison’s longtime Christian chaplain. The warden denied his request and denied Ray’s second request to not have the chaplain present in the execution chamber at all, according to the lawsuit.
Ray made a third request to have no autopsy performed on his body because it conflicted with his religious beliefs, and Stewart said she “had no control” over that accommodation, the complaint says. The same day Ray met with the warden, Ray also met with the prison chaplain. The Christian chaplain told Ray his requests "could not be honored due to ADOC policy,” the lawsuit says....
The lawsuit claims Ray’s First Amendment rights have been violated, along with the Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act.
Tuesday, Ray’s lawyers also filed in federal court an emergency motion for a stay of execution, claiming Ray’s constitutional violations should halt the scheduled execution. “Alabama has made a policy decision… the chaplain is there solely for a religious purpose,” the motion says. “In other words, Mr. Ray’s freedom of religion lasts until he enters the execution chamber.”...
Ray’s imam will be allowed to witness the execution from a room adjacent to the chamber through two-way glass. “There is no compelling governmental interest in preventing a condemned inmate from having his or her spiritual adviser- who has been approved to have a contact visit… moments before the execution begins—from taking the place of the prison chaplain in the execution chamber,” the suit states. “When that spiritual adviser is otherwise available, in the moments before death, imposes a substantial burden on the free exercise of Mr. Ray’s religious beliefs.”
The Christian chaplain’s “mandatory presence” in the execution chamber serves an unconstitutional interest in “safeguarding the soul or spiritual health of the condemned inmate in the Christian (non-Catholic) belief system… [it] has the principle of primary effect of advancing Christian (non-Catholic) religion and inhibiting all other religions,” the lawsuit claims. The suit also says the chaplain policy creates an “excessive entanglement of government with religion.”...
John Palombi and Spencer Hahn, assistant Federal Defenders, are representing Ray in the federal cases. Palombi said, “Mr. Ray’s suit goes to the heart of one of the most cherished of all rights, the right to freedom of religion. Neither Mr. Ray’s right to practice his religion nor his right to be free from having a different religion forced on him ends at the door to the execution chamber. We hope that the Commissioner will not force someone of a different religion on him and deny him the right to have his spiritual adviser with him at the moment of his death should that occur.”
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