Oklahoma board rejects Ben Gamla Jewish charter school after court greenlights religious charter 

The Oklahoma Statewide Charter School Board narrowly rejected the application of Ben Gamla, a Jewish school, despite a recent court ruling greenlighting the nation’s first religious charter school.

The board voted 4-3 against Ben Gamla, falling just one vote short of approving the school, Oklahoma Voice reported, noting that no board members explained their reasoning before voting. A member of Ben Gamla’s board, Brett Farley, told the outlet the vote was “a setback” and said it was “shocking” given the recent court ruling.

That ruling, as Heartlander News reported at the time, said the board couldn’t discriminate based on religion: “Because the nonsectarian provision in the Oklahoma Charter Schools Act expressly discriminates against otherwise eligible recipients solely because of their religious character, it violates the Free Exercise Clause of the First Amendment,” Judge David L. Russell of the U.S. District Court for the Western District of Oklahoma wrote.

The school’s lawyer told Heartlander News the board’s vote flouts the court’s decision and said Ben Gamla Jewish Charter School is prepared to challenge it.

“The board’s decision openly defies a federal court ruling that religious schools cannot be excluded from public programs,” Daniel Chen, counsel at Becket and lead attorney for Ben Gamla, told Heartlander News. “Ben Gamla is asking only for equal treatment and – if necessary – will seek a court order to enforce it.”

Ben Gamla is the latest chapter in a longer legal battle

The National Ben Gamla Jewish Charter School Foundation, based in Florida, has been seeking to open a taxpayer-funded, virtual Jewish school in Oklahoma, where the “transmission of Jewish religious beliefs and practices to children is a core aspect,” but the school would be open to students of any faith.

It’s the latest chapter in what has become a lengthy legal saga over whether a religious charter school is constitutional, as opposing groups argue that it would violate the Constitution’s Establishment Clause. Although the state may not establish a religion for people to follow, debate continues about the role of religion in public life and institutions.

In 2023, St. Isidore of Seville Catholic Virtual School sought to open a Catholic charter school. It was promptly sued, and the case made its way through the state courts until the Oklahoma Supreme Court rejected the charter. The case then landed in the U.S. Supreme Court, which ultimately deadlocked 4-4 on the issue, leaving the state ruling in place and constitutional questions unresolved.

When Ben Gamla first applied in March 2026, the state charter school board rejected the application, saying it was “unfortunately bound” by the state Supreme Court’s ruling.

After the court gave the go-ahead for the board to accept Ben Gamla’s application, it was widely expected that the board would approve it.

It is still unclear why the board voted to reject Ben Gamla’s application a second time. First Liberty Institute, which represents the board, declined to comment when reached by Heartlander News.

(Image credit: Courtesy, Prizmah)