Federal Judge Clears Path for Oklahoma's First Religious Charter School in Ben Gamla Case

A federal district judge in Oklahoma has issued a preliminary injunction blocking the state from enforcing a nonsectarian requirement against a proposed Jewish virtual charter school, marking a significant development in ongoing disputes over religion and public education funding.

U.S. District Judge David L. Russell ruled on September 24, 2026, in National Ben Gamla Jewish Charter School Foundation, Inc. v. Shellem that Oklahoma's Charter Schools Act provision requiring charter schools to be nonsectarian "expressly discriminates against otherwise eligible recipients solely because of their religious character," violating the First Amendment's Free Exercise Clause. The ruling applies Carson v. Makin (2022), holding that once a state creates a generally available benefit like charter school authorization, it cannot categorically exclude religious institutions.

The National Ben Gamla Jewish Charter School Foundation, founded by Peter Deutsch, seeks to establish an online grades 9-12 school combining Oklahoma academic standards with Jewish religious studies, culture, and practices. The Oklahoma Statewide Charter School Board denied the application in early 2026, citing the state Supreme Court's 2024 Drummond decision, which struck down a contract with the St. Isidore Catholic Virtual School on state constitutional grounds. The U.S. Supreme Court deadlocked 4-4 in Drummond in 2025, leaving the state ruling intact without national precedent.

The board did not oppose the injunction, though taxpayer and family intervenors continue to challenge the claim. The order does not approve the school or resolve all statutory criteria but prevents religion-based disqualification during litigation. This is the first federal court decision post-Drummond to treat the nonsectarian rule as a free exercise violation.

The case highlights tensions between state Blaine Amendment-style restrictions, federal free exercise protections, and the expanding school choice movement. It follows precedents like Espinoza v. Montana (2020) and Trinity Lutheran, potentially setting up further appeals to the 10th Circuit or U.S. Supreme Court on whether charter schools are state actors or private entities eligible for public benefits.