{"id":13813,"date":"2019-02-07T15:15:07","date_gmt":"2019-02-07T20:15:07","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=13813"},"modified":"2019-02-08T18:56:26","modified_gmt":"2019-02-08T23:56:26","slug":"us-court-stays-muslim-inmates-execution-over-denial-of-imam-request","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2019\/02\/07\/us-court-stays-muslim-inmates-execution-over-denial-of-imam-request\/","title":{"rendered":"US court stays Muslim inmate&#8217;s execution over denial of imam request"},"content":{"rendered":"<p class=\"story-body__introduction\">A federal appeals court has blocked the execution of a Muslim inmate in Alabama after the state refused to allow his imam to be present at his death.<\/p>\n<p>Domineque Ray, convicted of murdering a 15-year-old girl in 1995, was scheduled for execution on Thursday.<\/p>\n<p>But his lawyers argued that the state infringed on his religious rights by denying his request for an imam over a chaplain during the execution.<\/p>\n<p>The state has now appealed the stay to the US Supreme Court.<\/p>\n<p>A three-judge panel reversed an earlier court ruling and delayed Ray&#8217;s death by lethal injection,\u00a0<a class=\"story-body__link-external\" href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/pub\/files\/201910405.ord.pdf\" target=\"_blank\" rel=\"noopener\">writing in an opinion<\/a>\u00a0that Ray had a &#8220;powerful&#8221; claim against the state.<\/p>\n<p>&#8220;The central constitutional problem here is that the state has regularly placed a Christian cleric in the execution room to minister to the needs of Christian inmates, but has refused to provide the same benefit to a devout Muslim and all other non-Christians.&#8221;<\/p>\n<p>According to the Alabama Department of Corrections (ADOC), Christian chaplain Chris Summers has witnessed nearly every execution since 1997.<\/p>\n<p>Ray&#8217;s complaint requests the court to not mandate the chaplain&#8217;s presence in his execution chamber and to allow his imam instead, &#8220;so that he may receive spiritual guidance and comfort from a cleric of his own faith&#8221; at the time of his death.<\/p>\n<p>The federal judges also noted that Ray has been a committed Muslim since 2006, and even the ADOC is not disputing the &#8220;sincerity of Ray&#8217;s religious beliefs&#8221;.<\/p>\n<p>In addition, his imam, Yusef Maisonet, has been providing religious services to prisoners in the ADOC since 2015.<\/p>\n<p>The ADOC insists, however, that it will not allow a non-employee to be in the chamber in place of the chaplain. The imam could be present in the witness room and meet Ray ahead of the execution.<\/p>\n<p>An earlier District Court ruling said Ray had taken too long to raise the legal issues against the ADOC, &#8220;waiting until the eleventh hour&#8221; to seek a religious exemption.<\/p>\n<p>Ray has been an inmate for close to 20 years,\u00a0<a class=\"story-body__link-external\" href=\"https:\/\/www.nytimes.com\/2019\/02\/06\/us\/muslim-prisoner-execution-imam.html\" target=\"_blank\" rel=\"noopener\">the New York Times reported<\/a>.<\/p>\n<p>The prison warden had informed Ray of the death penalty practices on 23 January, and Ray&#8217;s lawyer contends he was unaware of the religious policies until then, US media reported.<\/p>\n<p>Ray&#8217;s counsel had then suggested that the state train and screen his imam, who is already familiar with prison visitations, but the state responded by saying &#8220;it could not do so&#8221;.<\/p>\n<p>Judge Stanley Marcus, writing for the federal appeals panel, said the state cannot appear to favour Christianity over Islam and then say it cannot provide the same rights to both.<\/p>\n<p>&#8220;Quite simply, the power, prestige, and support of the state may not be placed behind a particular religious belief.&#8221;<\/p>\n<p>&#8220;Alabama appears to have set up precisely the sort of denominational preference that the Framers of the First Amendment forbade.&#8221;<\/p>\n<p>The First Amendment states that the US government cannot make any laws regarding establishment of religion or prohibiting the exercise religious beliefs.<\/p>\n<p>The\u00a0<a class=\"story-body__link-external\" href=\"https:\/\/www.cair.com\/cair_welcomes_stay_of_execution_for_alabama_muslim_inmate_over_request_for_imam\" target=\"_blank\" rel=\"noopener\">Alabama Council of Islamic Relations<\/a>\u00a0(CAIR) said they welcomed the appeals decision and &#8220;hope Mr Ray will ultimately be provided equal access to spiritual guidance&#8221;.<\/p>\n<p>&nbsp;<\/p>\n<p>UPDATE:<\/p>\n<p class=\"story-body__introduction\">The US state of Alabama executed a Muslim inmate after the Supreme Court dismissed his appeal for an imam to be present with him at death.<\/p>\n<p>Convicted murderer Dominique Ray was killed by lethal injection on Thursday as scheduled.<\/p>\n<p>Source: <a href=\"https:\/\/www.bbc.co.uk\/news\/world-us-canada-47162710\" target=\"_blank\" rel=\"noopener\">bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\">A federal appeals court has blocked the execution of a Muslim inmate in Alabama after the state refused to allow his imam to be present at his death. Domineque Ray, convicted of murdering a 15-year-old <a class=\"mh-excerpt-more\" href=\"https:\/\/worldjusticenews.com\/news\/2019\/02\/07\/us-court-stays-muslim-inmates-execution-over-denial-of-imam-request\/\" title=\"US court stays Muslim inmate&#8217;s execution over denial of imam request\">[&#8230;]<\/a><\/div>\n","protected":false},"author":1,"featured_media":13814,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[15,109,2,3],"tags":[3558,1679,5964,9],"class_list":{"0":"post-13813","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-human-rights","8":"category-headline","9":"category-news","10":"category-usa","11":"tag-alabama","12":"tag-capital-punishment","13":"tag-domineque-ray","14":"tag-execution","15":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/13813","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=13813"}],"version-history":[{"count":2,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/13813\/revisions"}],"predecessor-version":[{"id":13824,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/13813\/revisions\/13824"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/13814"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=13813"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=13813"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=13813"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}