Judge blocks Oklahoma exclusion of Jewish charter school

A federal judge issued a preliminary injunction barring Oklahoma from excluding the National Ben Gamla Jewish Charter School Foundation from the state’s charter program solely because of its religious character, while the foundation’s lawsuit continues. Judge David L. Russell said the state’s nonsectarian requirement likely violates the First Amendment’s Free Exercise Clause by discriminating against otherwise eligible religious applicants. Ben Gamla, which proposes an online high school combining Oklahoma academic standards with Jewish studies, had been rejected by the state charter board under a policy tied to an earlier state court ruling involving a Catholic charter school. The injunction gives the foundation a chance to pursue participation, but does not resolve the underlying case or guarantee the school will open. Opponents, including Oklahoma families, teachers and clergy who intervened in the case, argue that public funding for religious schools violates church-state separation and could promote religious instruction.