A federal judge has permitted the East Plano Islamic Center to continue its legal challenge against the Texas Funeral Services Commission, determining that the mosque has presented adequate evidence to support claims of potential constitutional violations. The ruling denies a motion by the agency’s former head to dismiss the case, with the judge noting that no proof has been offered to suggest the mosque’s burial practices endanger Texas law.
Plano is located approximately 18 miles north of Dallas. The legal dispute began in March 2025 when the commission issued a cease-and-desist order, accusing the mosque of operating an unlicensed funeral home. The agency demanded that the center halt its religious funeral services, which include washing and shrouding the deceased and conducting the Janaza prayer.
In response, the mosque stated it does not operate a commercial business or perform embalming. Instead, it partners with licensed providers to transport remains and offers the religious rites without charge. Citing correspondence from 1987 and 2014, the mosque argued that Texas rules have long allowed religious organizations to conduct burial activities without a license, provided they do not receive financial compensation.
The mosque filed its lawsuit in July 2025, seeking a permanent injunction to prevent further state action and requesting unspecified damages. Court documents allege that the commission’s order forced the suspension of sacred rites and caused funeral homes to refuse transport services, effectively preventing families from practicing their faith. The mosque noted that at least 11 congregants were buried without receiving Janaza prayers at the mosque during the suspension.
