Bloomberg Law
June 15, 2020, 9:02 PMUpdated: June 15, 2020, 10:33 PM

Kavanaugh’s Idea Could Block Christian Chaplain at Execution (1)

Jordan S. Rubin
Jordan S. Rubin

Justice Brett Kavanaugh’s suggestion last term that Texas could avoid religious freedom issues during executions by barring ministers of all faiths is back at the high court, by way of an appeal ahead of a planned Tuesday execution.

Texas officials took Kavanaugh up on the idea, prompting death row inmate Ruben Gutierrez’s challenge to the state’s new and seemingly neutral rule, which would keep him from bringing a Christian minister into the death chamber.

If they choose to intervene, the justices could settle the question of what religious rights prisoners have during their final moments.

In the process, the high ...

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