Judge says Oklahoma cannot exclude Jewish charter school

Federal judge finds constitutional violation

U.S. District Judge David L. Russell ruled Thursday that Oklahoma cannot exclude religious applicants from charter school funding because of their religious character. He found that the Statewide Charter School Board violated the First Amendment when it rejected Ben Gamla Jewish Charter School solely because the proposed school would teach a particular religion.

Former Florida U.S. Rep. Peter Deutsch applied to establish Ben Gamla as a free online charter school. Its planned curriculum would combine standard academic subjects with instruction in the Jewish faith.

The board rejected the application after the Oklahoma Supreme Court ruled in 2024 against taxpayer-funded religious charter schools. A.J. Ferate, an attorney for the board, said state law had bound the board when it considered Ben Gamla’s application. The board plans to review Russell’s order at its next meeting and determine its next steps.

What the ruling changes

The decision allows Ben Gamla to continue working toward opening, but it does not end the legal dispute. Attorneys involved in the case have said appeals could eventually bring the issue before the U.S. Supreme Court. The court previously deadlocked in a case involving an effort to establish a Catholic charter school in Oklahoma.

Charter schools rely primarily on public funding but are managed by unelected boards and operate under exemptions from some regulations. Ben Gamla’s supporters argue that charter operators function more like private organizations and therefore may teach a religion.

Opposition to the school

Two groups of Oklahoma residents intervened to oppose Ben Gamla. One group, composed mostly of Jewish Oklahomans, is represented by organizations including the American Civil Liberties Union and Americans United for Separation of Church and State.

Their attorneys said publicly funded schools must remain secular and open to all students. They also said they would continue challenging the proposed school.