US Supreme Court rules Alabama must allow pastor in execution chamber

The US Supreme Court ruled on Thursday that the Court of Appeals for the Eleventh Circuit was right to require Alabama to allow Willie B. Smith, III to be accompanied by his pastor into the execution room to ease the “transition between the worlds of the living and the dead.”

In order to prevent Smith’s pastor from accompanying him, Alabama would need to prove “that the exclusion of all clergy members from the execution chamber is necessary to ensure prison security.” Under the Religious Land Use and Institutionalized Persons Act (RLUIPA), “a prison may not ‘impose a substantial burden’ on a prisoner’s ‘religious exercise'” unless it is the “‘least restrictive means of furthering [a] compelling governmental interest.'”

The court relied on Alabama’s previous practice of “requir[ing] the presence of a prison chaplain at an inmate’s side,” which ceased only two years prior to this ruling, to establish that the presence of a clergyman does not significantly compromise security. According to the opinion, “[i]n the last year, the Federal Government has conducted more than 10 executions attended by the prisoner’s clergy of choice,” none of which resulted in any issue or security impairment.

Alabama argues that the warden should have the right to deem who is trustworthy enough to attend an execution. The court, however, found that Alabama can take a number of precautions to certify that a clergyman would not disturb an execution, such as a background check, interview or oath.

The court’s ruling occurred only an hour before Smith’s scheduled execution warrant expired. The execution will remain on hold until Alabama allows Smith to be accompanied by his pastor in the execution chamber.