Amid legal scrutiny involving a self?styled Muslim higher education institution in Texas, a top Christian attorney is stressing that American constitutional principles permit a Muslim university to operate in the United States so long as it complies with applicable laws and regulations.
Michael Farris — founder and chancellor emeritus of Patrick Henry College and former CEO of the religious liberties advocacy group Alliance Defending Freedom — made the comments in an interview published June 5. He said that, in general, “religious colleges” have constitutional protections that extend equally across faith traditions, including Islam. Farris emphasized that having mandatory religious coursework is a legitimate feature of faith?based higher education, whether one is talking about a historically Christian college or a prospective Islamic university, so long as the institution meets state and accreditation standards.?
“There would be no legal basis for saying that the Muslims couldn’t do the same thing,” Farris said, assuming the institution complies with funding rules, regulatory requirements, and faculty credentialing obligations.?
Farris’s remarks were prompted by recent developments in Texas involving a group that had branded itself as Texas American Muslim University (also operating as Texas American Institute for Technology at Dallas). State officials, including the Texas Higher Education Coordinating Board, took action against the organization for operating without proper authorization and for advertising academic programs it was not licensed to offer.?
According to reporting by *The Texas Tribune*, Texas Attorney General Ken Paxton filed a lawsuit on May?18 seeking to bar the group from using “university” branding or operating as an unapproved degree?granting institution. The coordinating board had earlier sent the group a cease?and?desist letter, under the direction of Gov.?Greg Abbott, alleging that it had presented itself as a university offering degrees in disciplines such as computer science, health informatics, and artificial intelligence without state approval.?

In the lawsuit, Paxton’s office alleged that the group had misled prospective students and that its name and branding could confuse the public, including resembling the name and reputation of the Texas?A&M University System. The lawsuit, filed in Collin County court, seeks civil penalties under the Texas Deceptive Trade Practices Act and the Texas Education Code while asking a judge to prohibit continued use of the university designation.?
Leaders associated with the Texas American Muslim University entity have said they complied with the cease?and?desist order, stopped using the name, and ceased promoting graduate classes, indicating that the organization will continue operating as an institute rather than a degree?granting university.?
Legal experts and civil liberties advocates have underscored that the state’s focus appears to be regulatory compliance rather than the religious identity of the institution. But the episode has nonetheless stirred conversation about how religious liberty intersects with state oversight of higher education. Farris noted that Christian colleges have historically been the subject of regulatory bias, citing earlier accreditation challenges his own institution faced. He suggested that protections for religious colleges should be applied uniformly and that regulatory scrutiny should center on compliance with licensing and advertising standards rather than theological content.?
Under U.S. constitutional law, religious institutions enjoy certain protections under the First Amendment’s Free Exercise and Establishment Clauses. Courts have consistently held that religious organizations have the right to operate educational institutions that reflect their beliefs, subject to neutral laws of general applicability, such as health and safety codes or standard accreditation criteria. For decades, Christian colleges and seminaries have leveraged these protections to operate degree?granting programs, often with required theology or worldview components.?
In practical terms, establishing a new religiously affiliated university in the United States typically involves navigating state higher education authorization processes, securing nonprofit status, and pursuing accreditation from a recognized body. While some states offer religious exemptions that ease certain requirements for faith?based schools, these paths usually come with limitations, and institutions aiming to award recognized degrees often pursue full authorization and accreditation.?

It remains unclear how any future Muslim university effort modeled on established faith?based colleges would proceed, particularly in states with heightened sensitivity to religious institutions using protected terminology like “university” without formal approval. In the Texas case, conflicting concerns about branding — especially the entity’s use of “TexAM,” which resembles the name of the large public Texas?A&M University System — intersected with basic licensing requirements. Critics of the state action have questioned whether the response was proportionate or influenced by cultural bias, while state officials say they acted to protect students and uphold legal standards for degree?granting institutions.?
The debate over the Texas American Muslim University has also unfolded against a backdrop of broader policy battles involving religious education. Earlier this year, a lawsuit was filed in Texas challenging a large state school choice program, alleging that Islamic schools were excluded from the program, raising questions about equal treatment of religious schools in voucher and choice systems.?
Ultimately, the legal consensus among experienced church?state attorneys is that there is no constitutional barrier to the existence of a Muslim university in the United States. The operative question is whether any such institution complies with state and federal regulatory frameworks that govern higher education, accreditation, and consumer protection. Proponents of religious liberty in education argue that as long as those conditions are met, institutions across faith traditions — Christian, Muslim, Jewish or secular — should be permitted to operate and grant degrees.?
Whether this principle will be tested in future litigation or administrative proceedings remains to be seen. But the public comments from a veteran Christian attorney underscore that the foundational constitutional protections for religious higher education do not depend on the particular faith tradition involved, a point that may shape discussions about religious diversity and inclusion in American higher education in the years ahead.?





Leave a Reply