The National Ben Gamla Jewish Charter School Foundation asked a federal judge on Wednesday to bar Oklahoma from excluding faith-based schools from its charter school program while its lawsuit challenging the policy moves forward.
Attorneys with the religious-liberty law firm Becket argued in the U.S. District Court for the Western District of Oklahoma that the state allows privately operated charter schools organized around a range of educational models but discriminates against religious applicants because of their faith. The foundation is seeking a preliminary injunction while the case proceeds.
The foundation, which operates four campuses in Florida, applied in 2025 to open an online Jewish charter school in Oklahoma that would have accepted students of all faiths. The Oklahoma Statewide Charter School Board rejected the application in February, prompting the foundation to file suit in federal court in March.
“The court should reject the state’s religious ban and let Ben Gamla compete with other private schools on equal terms,” Peter Deutsch, the foundation’s founder, stated.
Americans United for Separation of Church and State, which is participating in the case on behalf of opponents of the proposal, urged the court to uphold the board’s decision.
“We urge the court to protect all Oklahomans’ religious freedom and affirm that this religious public charter school violates Oklahoma law and the U.S. Constitution,” Rachel Laser, president and CEO of Americans United, stated.
