Opinions Relating to Orders - 2018

Murphy v. Collier

The application for a stay of execution of sentence of death presented to JUSTICE ALITO and by him referred to the Court is granted. The State may not carry out Murphy’s execution pending the timely filing and disposition of a petition for a writ of certiorari unless the State permits Murphy’s Buddhist spiritual advisor or another Buddhist reverend of the State’s choosing to accompany Murphy in the execution chamber during the execution. JUSTICE THOMAS and JUSTICE GORSUCH would deny the application for a stay of execution. JUSTICE KAVANAUGH, concurring in grant of application for stay. As this Court has repeatedly held, governmental discrimination against religion—in particular, discrimination against religious persons, religious organizations, and religious speech—violates the Constitution. The government may not discriminate against religion generally or against particular religious denominations. See Morris County Bd. of Chosen Freeholders v. Freedom from Religion Foundation, 586 U. S. , (2019) (statement of KAVANAUGH, J., respecting denial of certiorari) (slip op., at 2); Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U. S. , _ (2017) (slip op., at 13–14); Larson v. Valente, 456 U. S. 228, 244 (1982).