A federal judge has issued a preliminary injunction blocking Oklahoma officials from excluding a proposed Jewish charter school from the state’s charter program solely due to its religious character.
U.S. District Judge David Russell granted the injunction on Sept. 24, allowing the National Ben Gamla Jewish Charter School Foundation to continue pursuing approval for its virtual school after state officials denied its application because of its faith-based mission. The ruling does not grant final approval for the school to open but prevents the Oklahoma Statewide Charter School Board from treating religious affiliation as an automatic disqualifier during the application process.
Oklahoma officials had argued that admitting the school would violate the First Amendment’s establishment clause, which prohibits government endorsement of religion. Judge Russell rejected this reasoning, stating that the state cannot “single out religious schools for exclusion solely because of their religious character.” The judge’s decision marks the first federal court order to treat Oklahoma’s nonsectarian charter rule as a potential violation of the free exercise clause following a 2024 U.S. Supreme Court deadlock in a separate but related case.
The Oklahoma Supreme Court ruled in June 2024 that a proposed Catholic virtual charter school violated the state constitution by effectively functioning as a governmental entity and using public funds for religious purposes. The U.S. Supreme Court’s 4-4 tie in that case left the state ruling in place without establishing a national precedent. Justice Amy Coney Barrett recused herself from the decision.
The Ben Gamla application remains under review. The foundation sought to establish a virtual Jewish charter school, while the state board denied its application citing both state law and the Drummond decision. The new injunction applies only to Ben Gamla’s case and does not address broader constitutional questions about taxpayer-funded religious charter schools. Legal proceedings are ongoing.