The preliminary injunction allows a Jewish charter-school organization to enter Oklahoma’s approval process while its lawsuit continues.
A federal judge has temporarily blocked Oklahoma from excluding a proposed Jewish charter school solely because of its religious character.
U.S. District Judge David L. Russell issued a preliminary injunction Thursday protecting the National Ben Gamla Jewish Charter School Foundation from Oklahoma’s requirement that charter schools be nonsectarian.
Russell found that the organization was likely to succeed on its claim that the restriction violates the First Amendment’s Free Exercise Clause. He said Oklahoma created a generally available charter-school program but categorically excluded religious institutions from participating.
Ben Gamla proposes an online K–12 school incorporating Jewish religious instruction. The Oklahoma Statewide Charter School Board rejected its applications earlier this year, citing a 2024 Oklahoma Supreme Court decision involving the proposed St. Isidore of Seville Catholic Virtual School.
The injunction does not approve Ben Gamla’s application or guarantee that the school will open. It requires the state to consider the organization without automatically disqualifying it because it is religious.
Daniel Chen of Becket, which represents Ben Gamla, said the organization now has “a fair shot to serve Oklahoma families.”
Oklahoma families, teachers and clergy opposing the school argue that requiring taxpayers to fund religious public schools violates state and federal law. Their attorneys said they will continue fighting for public schools that remain secular and open to all students.
An appeal to the 10th U.S. Circuit Court of Appeals is expected.
