Federal court clears path for Oklahoma Jewish charter school

A federal court has cleared the way for a Jewish public charter school to be created on Sept. 24, 2026. Judge David Russell issued a preliminary injunction in Oklahoma City, preventing the state from enforcing a provision that requires charter schools to be nonsectarian.

The order temporarily pauses the Oklahoma Statewide Charter School Board from applying that part of the Oklahoma Charter Schools Act. This allows the National Ben Gamla Charter School Foundation to operate a virtual school under the state's charter program while its lawsuit proceeds. The foundation had sought the injunction to stop the board from denying its participation due to its religious identity.

On Thursday, the court ruled Oklahoma cannot continue enforcing the exclusion against Ben Gamla during the litigation. Judge Russell wrote that the state cannot single out religious schools for exclusion solely because of their religious character after opening the charter school program to diverse philosophical or educational persuasions.

Ben Gamla seeks to open Jewish-focused virtual charter school

The National Ben Gamla Jewish Charter School Foundation aims to provide rigorous academics combined with Jewish religious instruction. The proposed virtual charter school was reportedly set to open for the 2027-28 school year.

Court documents state that the transmission of Jewish religious beliefs and practices to children is a core aspect of Ben Gamla’s religious mission. The school aims to provide rigorous academic education alongside instruction in Jewish religion, culture, values, rituals, texts, holidays, and practices. The foundation plans to integrate Jewish theological teachings into its curriculum and in every other dimension of life at the school.

Supporters of Ben Gamla argue the state cannot exclude religious organizations from the charter school program. The foundation is challenging Oklahoma's policy of denying religious charter schools after its application was denied by the state board in February 2026.

Legal battle rooted in prior Catholic charter school case

The case follows the Oklahoma Supreme Court’s 2024 ruling against St. Isidore Catholic Virtual School. That Catholic school was narrowly approved by the board in 2023 and was set to open for the 2024-25 school year.

The Oklahoma Supreme Court ruled that St. Isidore’s creation violated the state and federal constitutions and the Oklahoma Charter Schools Act. A deadlocked U.S. Supreme Court later upheld the block on St. Isidore, keeping the state court decision in place. That split decision applied only in Oklahoma and did not settle the constitutionality of state-funded religious charter schools nationwide.

The Oklahoma Statewide Charter School Board unanimously rejected Ben Gamla’s application, citing that 2024 Oklahoma Supreme Court ruling. Board chairman Brian Shellem said in a February 2026 statement that the board was placed in a difficult position and bound by the ruling, even if they disagreed with it. The Oklahoma Supreme Court's ruling had affirmed that a religious school cannot be a public school and a public school cannot be religious.

Divided reactions highlight national church-state tensions

The decision was celebrated by school choice and religious freedom advocates. Peter Deutsch, founder of the National Ben Gamla Jewish Charter School Foundation, stated the ruling is a victory for educational freedom, religious equality, and families in Oklahoma.

The decision was lamented by civil rights groups and church-state separation advocates. Opponents argued in a joint statement that forcing taxpayers to fund religious public schools violates state and federal law and that the school would indoctrinate students and discriminate against non-adherents. Alex Luchenitser of Americans United for Separation of Church and State said, "The court’s conclusion that a public charter school can be religious opens the door to a dangerous sea change for our democracy."

Daniel Mach, director of the ACLU program on religious freedom and belief, stated in May that the very idea of a religious public school is a constitutional oxymoron. The intervenors opposing the school were represented by the American Civil Liberties Union, Americans United for Separation of Church and State, Education Law Center, Freedom from Religion Foundation, and Oklahoma Appleseed Center for Law and Justice.

Intervenors and timeline for appeal established

Seven Oklahoma residents were granted intervenor status in the case The National Ben Gamla Jewish Charter School Foundation, Inc. V. Shellem. A group of Oklahoma taxpayers have joined the case, arguing the school should not receive public funding due to separation of church and state concerns.

The federal court ruled that the nonsectarian provision in the Oklahoma Charter Schools Act expressly discriminates against otherwise eligible recipients solely because of their religious character and violates the First Amendment’s Free Exercise Clause. The court filing states that plaintiffs contend the nonsectarian requirement violates the Free Exercise Clause by discriminating against religious institutions and that the Establishment Clause is not implicated because charter schools are privately-run entities, not state actors.

The foundation sued the Oklahoma Statewide Charter School Board in March after its application was denied. Daniel Chen is senior counsel at the Becket Fund for Religious Liberty and the attorney for Ben Gamla. Oklahoma and the intervenors have 30 days to appeal to the U.S. 10th Circuit Court of Appeals.