Oklahoma Federal Court Reviews Ban on Religious Charter Schools

A federal district court heard oral arguments on August 5 about whether Oklahoma’s law prohibiting religious charter schools violates the First Amendment’s free‑exercise clause. The state’s charter program, created in 1999, permits only “nonsectarian” applicants, effectively excluding schools with a religious identity.

In 2023 the Oklahoma Statewide Charter School Board approved an application from the Catholic St. Isidore of Seville Catholic Virtual School. The decision was challenged by Attorney General Gentner Drummond, who argued that charter schools must remain secular. The Oklahoma Supreme Court ruled in favor of Drummond, holding that charter schools are public schools and therefore must be non‑religious. An appeal to the U.S. Supreme Court resulted in a 4‑4 deadlock, leaving the lower‑court ruling in place.

Following the deadlock, the National Ben Gamla Jewish Charter School Foundation filed a new lawsuit seeking a federal order that the Statewide Charter School Board consider religious applicants. Represented by attorney Daniel Chen of the Becket Fund, the foundation argues that excluding faith‑based schools constitutes clear religious discrimination and that precedent requires equal access to public‑benefit programs.