On Wednesday, August 5, the effort to open what would be the nation’s first publicly funded religious charter school returned to federal court in Oklahoma City. At the center of the dispute is whether the Oklahoma Statewide Charter School Board acted constitutionally when it twice denied Ben Gamla Jewish Charter School’s request to operate as a taxpayer-funded charter school.

What Happened

The National Ben Gamla Jewish Charter School Foundation, Inc. applied for authorization to establish Ben Gamla Jewish Charter School, a virtual, publicly funded Jewish charter school in Oklahoma City. The Oklahoma Statewide Charter School Board denied the application twice, first in February 2026 and again in March 2026, citing the school’s plan to incorporate the Jewish faith throughout its educational curriculum.

In response, the foundation filed a religious discrimination lawsuit in March 2026. The August 5 hearing focused on Ben Gamla’s request for a preliminary injunction that would require Oklahoma to fund the virtual charter school while the lawsuit proceeds.

The Legal Tension

Ben Gamla argues that the board violated the foundation’s constitutional rights by denying the application solely because of the school’s religious character. The board, however, has said it is constrained by prior ruling, Oklahoma Statewide Charter School Board v. Drummond.

In Drummond, by and through the Archdiocese of Oklahoma City and Diocese of Tulsa, St. Isidore of Seville Catholic Virtual School applied for public school authorization to the school board, was approved but the Oklahoma Supreme Court invalidated the contract. The court reasoned that charter schools receive government funding and operate as state actors, and that state law prohibits public funds from supporting systems or institutions of religion. The case later reached the U.S. Supreme Court, where Justice Amy Coney Barrett’s recusal resulted in a 4-4 deadlock that left the Oklahoma Supreme Court’s decision in place.

What Each Side Is Saying

School Board Chair Brian Shellem told reporters, “We shouldn't be turning down people who are very highly qualified to provide excellent education for the students of Oklahoma, but we are forced to do that in compliance with the Oklahoma Supreme Court.”

Opponents of the application, including intervenors made up of families, teachers, and clergy, have raised concerns about discrimination against students and employees. Brent Rowland, Executive Director at Oklahoma Appleseed Center of Law and Justice and counsel for some of the intervenors, said, “Oklahoma has been down this road. Our courts said charter schools are public schools, and public schools don’t teach religion — that’s still the law here, and it doesn’t change because a different faith is asking this time.”

What Comes Next

Judge David L. Russell will decide whether to grant Ben Gamla’s request for a preliminary injunction. Board attorney Hiram Sasser predicted that the case is likely to continue beyond the district court, saying, “The [judge] will issue a ruling, and then whoever doesn't like that is going to appeal it to the Tenth Circuit, and so on and so forth . . . all the way up until we break the 4-4 tie at the Supreme Court.”

Why This Matters

The outcome could affect far more than one proposed school. If Ben Gamla ultimately succeeds, religious institutions may have a clearer path to seek public charter school funding for faith-based curricula. If the state prevails, Oklahoma’s current boundary between public charter schools and religious instruction will remain intact, at least unless the U.S. Supreme Court revisits the issue with a full bench.

If you have questions about this case or related matters, please contact Michael A. Airdo (mairdo@airdowerwas.com) or Gabrielle E. Moore (gmoore@airdowerwas.com).