Attorneys for the National Ben Gamla Jewish Charter School Foundation will ask a federal court on Aug. 5 to block Oklahoma from excluding religious schools from its charter program.
The foundation is seeking a preliminary injunction in its lawsuit against Oklahoma officials, arguing that the state’s refusal to consider its charter application violates the U.S. Constitution. The Becket Fund for Religious Liberty, which is representing the foundation, announced the legal action.
Ben Gamla applied to operate a statewide virtual charter school that would offer Hebrew language instruction, Jewish history and religious studies while remaining open to students of all faiths.
The Oklahoma Statewide Charter School Board rejected the application after citing a state Supreme Court ruling that barred religious charter schools from participating in the state’s charter program.
The foundation sued Oklahoma Attorney General Gentner Drummond and other state officials on March 24, alleging that the exclusion of religious schools from the charter system amounts to unconstitutional discrimination. Prior to the lawsuit, Drummond had called on the charter board to provide a more detailed explanation for rejecting Ben Gamla’s application, saying the board’s decision did not adequately explain its reasoning.
The complaint comes amid a broader legal battle in Oklahoma over whether religious schools can receive public charter funding, following the state’s dispute over the proposed St. Isidore of Seville Catholic Virtual School.
