Federal judge blocks Oklahoma religious ban on Jewish charter school bid

A federal district judge has issued a preliminary injunction preventing Oklahoma from using religious affiliation as an automatic disqualifier for charter school applications. U.S. District Judge David L. Russell ruled that the nonsectarian provision in the Oklahoma Charter Schools Act violates the Free Exercise Clause of the First Amendment by discriminating against applicants solely due to their religious character.

The ruling allows the National Ben Gamla Jewish Charter School Foundation to continue its pursuit of a virtual school in Oklahoma. While the order does not grant the school immediate approval to open, it prevents the Oklahoma Statewide Charter School Board from blocking the application based on its religious nature while the legal proceedings continue.

This decision follows a complex legal history in the state. Previously, the Oklahoma Supreme Court blocked a Catholic virtual school, ruling that such institutions acted as state entities and that using public funds for religious institutions violated the state constitution. That specific case resulted in a 4-4 deadlock at the U.S. Supreme Court, which left the state's decision in place without establishing a national precedent. This new ruling regarding Ben Gamla represents the first federal court order to address Oklahoma’s nonsectarian rule as a free exercise violation.