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Opposition Grows Against Proposed Jewish Charter School in Oklahoma

4/9/2026, 4:21:18 AM

Legal Challenge to Religious Charter School

A coalition of seven Oklahoma residents, including Rabbi Daniel Kaiman, has filed a motion to intervene in a federal lawsuit opposing the establishment of the Ben Gamla Jewish Charter School in Oklahoma. This proposed school, which aims to integrate Jewish religious teachings into its curriculum, is seeking to become the first publicly funded religious school in the United States. The motion was submitted to the federal court in Oklahoma City, where the National Ben Gamla Jewish Charter School Foundation has initiated legal action against the Oklahoma Statewide Charter School Board, which rejected its application twice earlier this year.

Rabbi Kaiman, who leads Congregation B’nai Emunah in Tulsa, has expressed concerns about the potential for religious coercion that could arise from the intertwining of government and religion. He emphasized the importance of maintaining a separation between the two, stating, “The mixing of religion and government creates opportunities for religious coercion.” The ACLU, Americans United for Separation of Church and State, and other organizations are representing the group opposing the school.

Background of the Legal Dispute

The Oklahoma Statewide Charter School Board's rejection of Ben Gamla's application was influenced by a 2024 ruling from the Oklahoma Supreme Court, which prohibited religious charter schools. This ruling was upheld by a split decision in the U.S. Supreme Court, where Justice Amy Coney Barrett recused herself due to potential conflicts of interest. In response to the board's decision, Ben Gamla filed a federal lawsuit, claiming that the rejection constitutes unconstitutional religious discrimination.

The board has engaged the First Liberty Institute, a conservative Christian legal organization, to defend its position. This group has consistently advocated for the legality of religious charter schools, contrasting sharply with the widespread opposition from various Jewish organizations in Oklahoma.

Diverse Perspectives on the Issue

Opposition to the Ben Gamla school is notably strong among local Jewish communities. The Jewish Federation of Greater Oklahoma City has formally opposed the school, warning that religious charter schools could undermine constitutional protections for religious freedom and government neutrality. In contrast, Eric Baxter, the attorney representing Ben Gamla, has dismissed the Federation's stance, asserting that it does not represent all Jewish perspectives.

Among the residents opposing the school, Erika DuBose, whose family has Holocaust ties, and her daughter Sydney Gebhardt, a nonbinary high school senior, have articulated their belief in the necessity of church-state separation for the benefit of all religions. Gebhardt stated, “I believe that the separation of church and state helps all religions, particularly minority religions.”

Kara Joy McKee, another member of the opposition group, expressed skepticism about Ben Gamla's commitment to authentic Jewish values, arguing that the school’s approach could weaken essential protections for religious minorities.

Official Statements and Responses

Rachel Laser, president and CEO of Americans United for Separation of Church and State, highlighted the broad opposition to the proposed school, stating, “The courts, Oklahoma public school families and taxpayers, and Jewish leaders in the state all have rejected the creation of the nation’s first religious public school.” She emphasized the importance of upholding constitutional promises regarding religious freedom and the separation of church and state.

Verbatim Quotes

  • “Children in my congregation, including my own children, receive excellent, privately funded Jewish education through our synagogue and at home in accordance with our community values. But the mixing of religion and government creates opportunities for religious coercion.” — Rabbi Daniel Kaiman, Principal Rabbi, Congregation B’nai Emunah
  • “I believe that the separation of church and state helps all religions, particularly minority religions,” — Sydney Gebhardt, High School Senior
  • “We’re proud to represent Oklahomans who won’t let a religious organization backed by Christian Nationalists strong-arm the people of Oklahoma into violating the Constitution’s promises of religious freedom and church-state separation.” — Rachel Laser, President and CEO, Americans United for Separation of Church and State