Supreme Court Ruling Mandates Pastor Presence at Alabama Executions

Supreme Court Rules Alabama Cannot Execute Inmate Without Pastor Present

The U.S. Supreme Court has ruled that Alabama cannot execute an inmate unless a pastor is present in the execution chamber, as the inmate has requested.

In the case of Jefferson S. Dunn v. Willie B. Smith, III, the Court denied Alabama’s request to overturn a lower court injunction that granted Smith’s wish to have a clergyman present during his execution.

Alabama law only permits clergy in a separate viewing room during executions.

Justice Elena Kagan, joined by Justices Breyer, Sotomayor, and Barrett, wrote in a concurring opinion that Alabama failed to demonstrate that excluding all clergy from the execution chamber was necessary for prison security.

“Prison security is a compelling state interest,” Kagan wrote. “But past practice, in Alabama and elsewhere, shows that prisons can ensure security without barring all clergy members from the execution chamber.”

Justice Brett Kavanaugh, joined by Chief Justice Roberts, dissented, arguing that the state’s policy was non-discriminatory and served its interests in safety and security during executions.

Diana Verm, senior counsel at Becket, a law firm that supported Smith, celebrated the ruling. “If Willie Smith has to leave this world, he shouldn’t have to leave it all alone,” Verm stated. “Alabama used to know that, which is why it always required a chaplain to be with the condemned man until the end. Prisoners should be allowed to make peace with their Maker in their final moments.”

For years, Alabama allowed Christian clergy in the execution chamber during lethal injections. However, in 2019, the state drew widespread criticism for denying an imam access to Domineque Ray during his execution.

The Supreme Court then ruled 5-4 to deny a stay of execution for Ray, arguing that he had delayed in filing his petition.

Following a separate Supreme Court decision in 2019, Alabama banned all clergy from the execution chamber, regardless of religion.