A federal judge has ruled that the East Plano Islamic Center may proceed with its lawsuit against the Texas Funeral Services Commission, denying a motion to dismiss filed by the agency’s former head. The judge determined in a 26-page opinion that the mosque presented adequate evidence to support claims that its constitutional rights were infringed upon.
The legal dispute originated in March 2025 when the commission issued a cease-and-desist order, alleging the mosque operated an unlicensed funeral home. The agency claimed the center violated state regulations by providing burial services. In response, the mosque argued it was not running a business or performing embalming, but rather conducting religious rites at no cost in partnership with licensed providers.
Court documents indicate the mosque follows longstanding state guidance allowing religious organizations to perform burial activities without a license, provided they do not accept payment. The center contends the commission’s actions forced the suspension of sacred rites and caused funeral homes to refuse transport of remains, effectively preventing families from practicing their faith. The mosque is seeking a permanent injunction and unspecified damages. Attorneys for both sides did not immediately provide comment on the ruling.
