From the longish opinion by Judge David Alan Ezra in East Plano Islamic Center v. Texas Funeral Servs. Comm'n, decided June 24 but just posted on Westlaw a few days ago:
East Plano Islamic Center ("EPIC") brings this action to vindicate its right to conduct religious funeral and burial rites in accordance with Islamic faith and tradition. EPIC is a nonprofit Islamic organization in Plano, Texas, formed to "provide religious, social, and educational services to inspire the Muslim community to fulfill its responsibility and contribute to the betterment of society by following the principles of Quran and the noble life of Prophet Muhammed (peace be upon him)."
One of the sincerely held religious beliefs of EPIC and its Muslim membership is the collective obligation held by the religious community to perform proper Islamic funeral rites for the deceased. Islamic religious law calls for prompt ritual cleansing, shrouding, prayer, and burial in which the integrity and dignity of the decedent's remains are scrupulously maintained throughout. To that end, EPIC offers traditional, non-commercial, Muslim funeral services and burials; especially for Muslim families unable to afford the services. EPIC assists Muslim families by arranging and facilitating religious funeral services (washing, shrouding, and performing the Janaza prayer) in partnership with licensed funeral providers. …
Chapter 651 of the Texas Occupations Code regulates the funeral industry in Texas, requiring licensure for persons or entities that engage in the business of funeral directing or operating a funeral establishment. The Texas Funeral Services Commission ("TFSC") is tasked with enforcing these provisions ….
On March 26, 2025, TFSC issued a cease-and-desist letter (the "C&D Letter") to EPIC, ordering it to immediately halt what the Commission alleged were unlicensed funeral service operations. Specifically, the C&D Letter accused EPIC of operating as a funeral home without an establishment license, in violation of Texas Occupations Code § 651.351…. The C&D Letter did not include which specific practices EPIC was engaging in that were alleged to be in violation of the Occupation Code…. EPIC alleges it was not running a place of business and was not in the business of embalming or funeral directing….
EPIC contends that the TFSC's action violates both state and federal constitutional and statutory protections for religious exercise, as well as exceeds its statutory authority. EPIC points to TFSC's prior affirmations that religious organizations could perform burial-related rites so long as they were not doing so for profit….
The court concluded that, if the facts are as plaintiff has plausibly alleged them to be, the conduct of defendants TFSC and its then-Chair Kristin Tips would be unconstitutional:
