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Texas Voucher Program Faces Federal Lawsuit Over Allegations of Religious Discrimination
Key Takeaways
- •A federal lawsuit alleges Texas's new private school voucher program, established by Senate Bill 2, unlawfully excludes Islamic schools based on religious identity.
- •The lawsuit names Attorney General Ken Paxton, Acting Comptroller Kelly Hancock, and Education Commissioner Mike Morath as defendants.
- •The core legal argument centers on alleged religious discrimination and violation of constitutional rights, including the Free Exercise Clause and Equal Protection.
- •The exclusion reportedly stems from a Comptroller's request for an Attorney General's opinion regarding schools linked to groups designated as 'foreign terrorist organizations,' specifically mentioning the Council on American-Islamic Relations (CAIR).
- •The plaintiff seeks court intervention to compel the state to accept eligible Islamic schools and prevent discriminatory denials before the March 17th family application deadline.
Hey, let's talk about something big happening with Texas public money and private schools. You know how Governor Abbott pushed through that school voucher program last year? It's officially called Senate Bill 2, and it lets families use public funds to help pay for private school tuition or homeschooling. Well, now it's facing a serious legal challenge.
A Muslim parent just sued Texas leaders, claiming the state is unfairly keeping Islamic private schools out of this new voucher system. This isn't just a local dispute; it's a federal lawsuit, meaning it's playing out on a pretty significant stage. The parent is arguing that the state's actions amount to religious discrimination, which, if true, would be a huge deal for constitutional rights here in Texas.
The lawsuit was filed on March 1st by a father representing his two kids who go to a private school in Houston. He wants the court to stop the voucher program from discriminating based on religion. The suit specifically names some big players in Texas government: Attorney General Ken Paxton, the state's Acting Comptroller Kelly Hancock, and Education Commissioner Mike Morath.
So, what's the backstory? Senate Bill 2 passed in 2025, setting up a statewide program for families to apply for these funds. Right now, applications are open until March 17th. Many private schools can join, as long as they've been around for at least two years and are accredited. So far, over 143,000 students have applied, and more than 2,100 private schools are in.
But here's where things got sticky. Late last year, Comptroller Hancock, who manages this whole voucher program, asked Attorney General Paxton for his opinion. He wanted to know if he could exclude schools connected to groups labeled as foreign terrorist organizations or foreign adversaries. Hancock mentioned that some schools accredited by a company called Cognia had hosted events put on by the Council on American-Islamic Relations (CAIR). Governor Abbott had previously labeled CAIR a terrorist organization, though CAIR calls that label false and defamatory. The U.S. State Department, by the way, doesn't consider CAIR a terrorist group.
This all came about as some Texas Republicans were using anti-Muslim talk during primary elections. Hancock, who was appointed by the governor, is actually running for a full term as comptroller, so you can see how political currents might be flowing here.
After Hancock's request, hundreds of Cognia-accredited schools were blocked from the voucher program. This included not just Islamic schools, but also Christian schools and those serving kids with disabilities, which was first reported by the Houston Chronicle. Then, in January, Paxton issued his opinion, saying he believes Hancock *does* have the power to block schools if they're supposedly "illegally tied to terrorists or foreign adversaries." Interestingly, as of now, no Islamic schools are known to have been accepted into the program at all.
The comptroller's office claims it started inviting *some* Cognia schools back into the program – ones they consider compliant. But what exactly that review process looks like isn't clear to the public. In mid-February, Texas Senate Democrats called on Hancock to run the program fairly, transparently, and legally, and to stop singling out certain communities without good reason.
Now, about why this parent sued. Mehdi Cherkaoui, a Muslim father and a lawyer, is representing himself. He says state leaders have "systematically targeted Islamic schools for exclusion." The lawsuit insists that the blocked Islamic schools meet all the program's requirements and don't actually have any ties to terrorism or illegal activities. That includes Houston Qur'an Academy Spring, where Cherkaoui's kids attend.
Cherkaoui pays almost $18,000 a year for his children's tuition. He wants to apply for the nearly $10,500 per child in voucher money to help with those costs. But since Islamic schools are blocked, he can't even complete the application. The lawsuit argues that this exclusion isn't about individual schools doing anything wrong; instead, it's based on "categorical presumptions that Islamic schools are suspect" just because of their religious identity or their links to Islamic civil-rights groups, without any actual proof of illegal behavior.
The suit names Hancock because he runs the program, Paxton because his legal opinion backed Hancock's actions, and Morath because his agency works with the comptroller's office on program rules. While Morath's agency doesn't oversee private schools directly, those in the voucher program need accreditation recognized by his agency or the Texas Private School Accreditation Commission.
Before the March 17th deadline for family applications, the lawsuit is asking the court to make the state accept all Islamic schools that meet the program's requirements. It also wants to stop the state from delaying or denying approval based on schools' religious identity, alleged "Islamic ties," or general associations with Islamic groups, unless there are actual, proven findings of unlawful conduct.
This case could really shape how educational choice programs in Texas operate. It tests the limits of state power versus individual religious freedom and equal protection under the law. We'll be watching to see how the courts weigh these competing interests.
Original source: Texas State Government: Governor, Legislature & Policy Coverage.
