Does a State Violate RLUIPA by Prohibiting an Inmate's Pastor from Laying Hands on Him and Audibly Praying during the Execution Process?

Authors

David L. Hudson Jr., Belmont University - College of Law

Document Type

Article

Publication Date

11-2021

Abstract

This article examines Ramirez v. Collier, a United States Supreme Court case addressing the scope of religious liberty protections afforded to death-row inmates under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The case centers on whether Texas prison officials violate RLUIPA by prohibiting an inmate’s pastor from laying hands on him and praying audibly during the execution process. The dispute requires the Court to evaluate (1) whether such prohibitions substantially burden sincerely held religious beliefs, (2) whether the state satisfies RLUIPA’s strict scrutiny standard by demonstrating a compelling governmental interest advanced through the least restrictive means, and (3) how equitable relief standards and the Prison Litigation Reform Act intersect with last-minute execution challenges. Situating the controversy within the broader doctrinal shift from Employment Division v. Smith to statutory religious liberty protections under RFRA and RLUIPA, the article explores tensions between inmate religious rights, institutional security concerns, and victims’ interests. The case presents the Court with an opportunity to clarify the evidentiary burdens and doctrinal contours governing RLUIPA claims in the execution context.

Recommended Citation

David L. Hudson Jr., Does a State Violate RLUIPA by Prohibiting an Inmate's Pastor from Laying Hands on Him and Audibly Praying during the Execution Process? (21-5592), 49 Preview U.S. Sup. Ct. Cas. 40 (November 1, 2021).