In a Legal battle that has sparked controversy and debate, four Islamic private school campuses in Texas have filed a lawsuit against the state comptroller, alleging discrimination in the private school voucher program. The case, which has drawn significant attention, involves allegations of terrorism ties, extensive investigations, and a wave of anti-Muslim rhetoric in Texas politics.

The controversy began nearly a decade ago when a British court ordered Sam Westrop to pay over $173,000 in libel damages for falsely accusing the founder of a London-based Islamic TV channel of being a “convicted terrorist.” Westrop later admitted there was no evidence to support the allegation. Years later, Westrop made similar claims about Islamic private schools in Texas, alleging connections to extremist groups like Hamas.

Investigations and Delays in the Voucher Program

Westrop shared his research with the Texas Comptroller of Public Accounts, which oversees the voucher program. In December, acting Comptroller Kelly Hancock asked Texas Attorney General Ken Paxton if the agency could exclude schools with supposed ties to the Chinese Communist government or the Council on American-Islamic Relations (CAIR). Paxton ruled that it could.

The scope of the investigations was broader than previously known. The state used taxpayer money to contract two investigators to examine nearly 50 private schools with alleged ties to radical Islamic organizations and the Chinese government. This number far exceeds what has been reported. The extent of the state’s probe and Westrop’s involvement are detailed in new legal filings.

The Legal Battle and Allegations of Discrimination

The Islamic schools filed a lawsuit in March after being initially kept out of the voucher program. The schools are seeking to certify a class-action lawsuit to prevent future discrimination. Eric Hudson, an attorney representing the Islamic schools, stated, “Religious liberty is not a temporary pass issued after a lawsuit. We’re pressing on so equal treatment is the rule—not an exception granted under pressure.”

The comptroller’s office has objected to certifying the lawsuit as a class action, arguing that it shouldn’t continue since the four Islamic campuses were ultimately allowed into the voucher program. The state’s lawyers maintain that a class-action claim is outside the jurisdiction of the current court and case.

The Role of Sam Westrop and Third-Party Investigators

Sam Westrop’s allegations, along with claims made by others, were primary reasons for the investigations and delays. The comptroller’s office hired two third-party counterterrorism researchers, Reuben Katz and Lara Burns, to investigate the schools. Katz and Burns provided dossiers on each school, cross-referencing accused school leaders against government terrorism and extremist group databases.

Murl Miller, the comptroller’s chief counsel for general litigation, was deposed for eight hours in May. Miller’s deposition revealed that the agency began receiving information as far back as last summer identifying nearly 50 schools with alleged links to extremist groups. Miller also confirmed that the investigators only examined those particular campuses out of the more than 2,600 private schools now approved for the voucher program.

The Broader Context of Anti-Muslim Rhetoric

The debate over the voucher program has come amid a wave of anti-Muslim rhetoric among some elected officials and prominent political candidates in Texas and across the country. At the state Republican Party convention last month, members tried to remove Muslims as delegates. Dr. Rick Scarborough, a former Southern Baptist pastor, told a Muslim attendee he wanted him to leave the event.

In November, Texas governor Greg Abbott designated CAIR a foreign terrorist organization. Florida’s governor soon followed with his own accusations. CAIR is part of a lawsuit against Abbott and Paxton challenging the enforcement of the governor’s designation, saying he issued it “without due process and in violation of federal law.” The case is ongoing.

The Islamic school plaintiffs have said their inclusion in the program is still not guaranteed long term. They hope a class-action suit could help change the comptroller’s processes that allowed the agency to delay their admission in the first place.