Legal Challenge to Oklahoma's Ban on Religious Charter Schools

The National Ben Gamla Jewish Charter School Foundation has filed a federal lawsuit against the Oklahoma Statewide Charter School Board and Attorney General Gentner Drummond after the board denied its application to establish a taxpayer-funded Jewish charter school. The lawsuit, submitted to the U.S. District Court for the Western District of Oklahoma, argues that the denial violates the Free Exercise Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. The foundation seeks to overturn Oklahoma's requirement that charter schools be "nonsectarian," claiming it discriminates against religious applicants.

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The legal battle arises from a broader debate over the constitutionality of publicly funded religious charter schools in the United States. In 2024, the Oklahoma Supreme Court ruled against a Catholic charter school, establishing a precedent that prohibits state funding for religious institutions. This ruling was affirmed by the U.S. Supreme Court in May 2025, which deadlocked on a similar case involving a Catholic school, leaving the lower court's decision intact.

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• Peter Deutsch: Founder of the National Ben Gamla Jewish Charter School Foundation and former U.S. Congressman from Florida, he is leading the charge for the establishment of the Jewish charter school.

Jewish charter school fights for right to serve Sooner families

• Gentner Drummond: Oklahoma Attorney General, who has opposed the charter school proposal, arguing it violates the separation of church and state.

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• Becket Fund for Religious Liberty: The legal firm representing the Ben Gamla foundation, advocating for religious rights in education.

Jewish charter school fights for right to serve Sooner families

The lawsuit claims that the Oklahoma Charter Schools Act's exclusion of religious schools is unconstitutional. Eric Baxter, senior counsel at Becket, stated, “Attorney General Drummond can’t blacklist schools for being religious while welcoming everyone else with open arms.” Conversely, Drummond has maintained that the board's rejection was necessary to comply with the Oklahoma Supreme Court's ruling, asserting that the board had multiple valid reasons for denying the application beyond its religious affiliation.

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Local Jewish organizations have expressed opposition to the proposed school, citing a lack of consultation with the community and minimal demand for such an institution among Oklahoma's Jewish population, which numbers fewer than 9,000. Rachel Johnson, Executive Director of the Jewish Federation of Greater Oklahoma City, warned that the lawsuit could undermine the separation of church and state, stating, “It would be the first in the nation. It would set a new precedent, and we don’t want that.”

Times of Israel

While the Ben Gamla foundation argues that the rejection was solely based on religious grounds, Drummond contends that the board's decision was influenced by several deficiencies in the application. He has filed a separate lawsuit against the board, demanding a comprehensive rejection letter that includes all reasons for the denial, not just the religious aspect.

The Oklahoman

A hearing for the federal lawsuit is anticipated later this year. The outcome could have significant implications for the future of religious charter schools in Oklahoma and potentially across the United States, as the case may eventually reach the U.S. Supreme Court if it progresses through the lower courts.

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• “But Attorney General Drummond is keeping our doors locked simply because of our faith-based character. We’re asking the court to end that blatant religious targeting and allow families to choose schools that are best for them.” — Peter Deutsch, Founder, National Ben Gamla Jewish Charter School Foundation

Jewish charter school fights for right to serve Sooner families

• “That kind of religious hostility is unlawful, unjust, and utterly at odds with decades of Supreme Court precedent.” — Eric Baxter, Senior Counsel, Becket Fund for Religious Liberty

Washington Examiner

• “It is a potential attack against the separation of church and state, which clearly goes against the Oklahoma Constitution and the U.S. Constitution,” — Rachel Johnson, Executive Director, Jewish Federation of Greater Oklahoma City

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