A Muslim parent filed suit this week in a Texas federal district court challenging the state's exclusion of accredited Islamic private schools from participation in the Texas Education Freedom Accounts (TEFA) program. TEFA is a publicly funded school choice program. The complaint (full text) in Cherkaoui v. Paxton, (SD TX, filed 3/1/2026), alleges in part:
Since TEFA's inception, Defendants have systematically targeted Islamic schools for exclusion based on their religious identity, perceived "Islamic ties," and alleged connections to organizations Governor Abbott has designated as "foreign terrorist" or "transnational criminal" entities—even where those schools are fully accredited, satisfy all statutory eligibility criteria, and have no actual connection to terrorism or unlawful activity.
The complaint contends that the state has violated the 1st and 14th Amendments, alleging in part:
85. Defendants' exclusion of Islamic schools is not neutral or generally applicable. It is explicitly based on religious identity (schools are targeted because they are Islamic), perceived religious association (hosting community events with Islamic civil-rights organizations), and religious animus (official statements equating Islamic identity with terrorism)....
89. By systematically excluding Islamic schools while approving hundreds of Christian, Jewish, and other non-Islamic religious schools for TEFA participation, Defendants have engaged in denominational discrimination that favors non-Islamic religions over Islam in the distribution of a public benefit.
90. Defendants' policies and public statements evince a purpose and effect of disfavoring Islam and conveying governmental disapproval of the Muslim faith....
Texas Tribune reports on the lawsuit. [Thanks to Thomas Rutledge for the lead.]
