Jewish school argues for charter school support in Oklahoma

Attorneys with the Becket legal group on Wednesday asked a federal judge to stop Oklahoma’s state charter school program from denying funding to a Jewish charter school. The state in 2025 rejected an application of the Ben Gamla online school to receive state funding, citing a recent Oklahoma Supreme Court ruling barring the establishment of a public, religious charter school.

The Becket attorneys said the state already grants funding to charter schools of many different types, including schools that focus on Native American traditions. The Oklahoma charter school board and the previous court’s ruling clearly discriminate against religious schools, violating their First Amendment rights to freely practice religion, they said. They asked for a preliminary injunction, which would temporarily block enforcement of that policy while litigation continues. They expected a decision in the next few weeks.

What do we know about the state’s position? The charter school board is represented by a different legal group, First Liberty, that also focuses on religious liberty. Its attorneys said the board’s hands were tied by the Oklahoma Supreme Court’s decision. The board would’ve approved Ben Gamla’s application if not for that court decision, which mandates religious discrimination, First Liberty said.

The Oklahoma Supreme Court ruling has already been challenged in court by a religious charter school. The case made it all the way to the U.S. Supreme Court, but SCOTUS returned a split 4-4 decision after Justice Amy Coney Barrett recused herself from the case. The split left the Oklahoma court’s ruling in place. The Ben Gamla lawsuit could lead to a do-over at the U.S. Supreme Court.

Dig deeper: Read Liz Lykins’ report on the Ben Gamla case for more details.