Texas Regulators Clarify Funeral Rules for EPIC Amid Ongoing Legal Battle
State Commission Allows Religious Burial Rites to Continue While Investigation Persists
The Texas Funeral Service Commission issued new guidance Wednesday allowing the East Plano Islamic Center to continue performing Islamic burial rites, marking a significant development in the ongoing legal dispute between state regulators and one of North Texas's largest mosques over funeral home licensing requirements that have drawn accusations of religious discrimination and raised constitutional questions about religious freedom.
The clarification comes just over two weeks after EPIC filed a federal lawsuit challenging the commission's March cease-and-desist order, which the mosque argued unlawfully restricted its ability to conduct traditional Islamic funeral prayers and burial preparations. The dispute has created a complex legal battleground where state regulatory authority intersects with First Amendment protections, while Governor Greg Abbott's public statements about the mosque have intensified debates over religious liberty in Texas.
Commission Clarifies Permissible Religious Activities
The Texas Funeral Service Commission's interim executive director, Maria Haynes, sent a detailed letter to EPIC on Wednesday outlining specific religious activities the mosque may continue without violating the March cease-and-desist order. According to KERA News, the letter explicitly permits the mosque to assist community members in organizing funeral and burial rites, connect grieving families with licensed funeral homes, notify the community of prayer services, and perform the traditional Islamic Janaza funeral prayer.
"EPIC will not be in violation of the cease-and-desist order the commission sent in March for helping members of the religious community get information on organizing funeral and burial rites, helping the deceased's loved ones get in contact with a funeral home or director, notifying the community of prayers to be performed for the deceased, performing the funeral prayer or Janaza, or helping obtain a death certificate," Haynes wrote.
The letter also permits EPIC to arrange transportation of bodies to and from the mosque and assist with the ritual washing and shrouding of the deceased, provided these activities are performed without compensation and in accordance with Texas law.
Governor's Accusations Remain Unchanged
Despite the commission's clarification, Governor Abbott's office has not publicly modified its stance on EPIC's alleged violations. On the same day the commission issued its initial cease-and-desist order in March, Abbott released a statement declaring that EPIC was "knowingly breaking state law in many ways, including by operating a funeral home without a license".
The governor's office has not responded to KERA News's request for comment regarding whether Abbott's position has changed following the commission's latest guidance. This silence maintains the tension between the state's regulatory approach and its political rhetoric surrounding the mosque.
Legal Battle Moves to Federal Court
The lawsuit, originally filed in Travis County district court, was transferred to federal court in Austin at the commission's request, as the case involves alleged violations of federal constitutional rights. EPIC's legal team argues that the state's actions infringe upon the mosque's First Amendment rights to religious exercise and constitute discrimination based on religion.
Following the commission's Wednesday letter, EPIC asked the court to cancel a hearing over its request for a temporary restraining order, noting that the letter "addresses the narrow question of emergency relief raised in EPIC's application for a temporary restraining order".
However, the mosque's attorneys emphasized that the underlying legal controversy remains unresolved.
"This development does not dispose of the underlying controversy," an attorney for EPIC wrote in the motion. "The March 26 cease-and-desist letter remains operative, and with it, the continuing threat of civil penalties and criminal prosecution by the State for conduct that lies at the heart of EPIC's religious exercise".
Funeral Home Operations
The central legal question revolves around whether EPIC has been operating as an unlicensed funeral establishment. State law defines a funeral establishment as a business that performs funeral services for compensation. EPIC maintains it has never operated as a funeral home, instead partnering with licensed funeral homes and local cemeteries to ensure proper funeral and burial rites in accordance with Islamic tradition.
The mosque's funeral home license expired in 2022, but EPIC argues that this is irrelevant, as it claims not to have been operating as a funeral establishment. The mosque previously partnered with Rahma Funeral Home, which has been operated by a licensed funeral director since 2004, according to a now-deleted portion of EPIC's website.
Impact on the Muslim Community
The regulatory dispute has had tangible consequences for the Muslim community in North Texas. According to the lawsuit, 11 congregants have died without receiving funeral rites at their home mosque since the March cease-and-desist order was issued. This disruption affects one of Islam's most sacred practices, as Islamic tradition requires funeral prayers and burial to occur as quickly as possible after death.
The inability to conduct these rites at their home mosque has created significant distress within the community, particularly given the central role of the Janaza prayer in Islamic funeral traditions.
Broader Investigations and Context
The funeral home dispute represents just one aspect of multiple state investigations targeting EPIC and its proposed development project. The mosque faces criminal investigations and scrutiny over its planned EPIC City development, a 402-acre mixed-use community project in northeast Collin County.
The Department of Justice recently concluded its federal probe into EPIC City, finding that "all will be welcome in any future development". Howeve” Howeve” Howeve” Howeve” However, state-level investigations continue under the direction of various Texas agencies.
Discrimination Allegations
EPIC has accused state officials of discriminating against the mosque based solely on religion, citing Abbott's comments on the social media platform X that neither Sharia law nor "Sharia cities" are allowed in Texas. These allegations add a constitutional dimension to the dispute, raising questions about whether the state's actions are motivated by religious animus.
The mosque's legal team argues that the targeting of EPIC reflects broader patterns of discrimination against Muslim communities in Texas, particularly in the context of the proposed EPIC City development.
Ongoing Investigation
The commission's letter emphasizes that its investigation remains ongoing and that a final determination has not been made. The letter warns that if the commission receives "credible information suggesting that any of the aforementioned activities are being performed in a manner not in compliance with Texas law, we will notify your counsel promptly and attempt to resolve the allegation prior to taking further action".
This language suggests that while EPIC may continue certain religious activities, the commission retains the authority to take additional action if it determines violations have occurred.
Legal Precedent and Religious Freedom
The case has attracted attention from religious liberty advocates and legal scholars who view it as a test of the boundaries between state regulation and religious practice. The outcome could establish important precedents for how religious organizations conduct funeral and burial rites, particularly for minority faiths whose practices may not align with conventional commercial funeral home operations.
The dispute highlights tensions between consumer protection regulations, which funeral home licensing is designed to ensure, and religious freedom protections that allow faith communities to care for their deceased according to their traditions and beliefs.