By Rick Maranon, Fox23 News
OKLAHOMA — A group seeking to open a virtual Jewish charter school in Oklahoma is once again testing whether religious public schools violate the U.S. Constitution, an issue that has already been litigated all the way up to the nation’s highest court.
Supporters of the proposed Ben Gamla Jewish Charter School appeared on Monday before the Oklahoma Charter School Board asking for approval to open a statewide virtual academy funded with public dollars.
“We believe we have submitted an outstanding application and we ask that the board approve the application,” said Peter Deutsch, the Founder of Ben Gamla Jewish Charter School.
Deutsch said the school would provide a public, faith-based academic option, which is something he argues certain Oklahoma families are actively seeking.
“There are a lot of parents that are looking for a faith-based, rigorous academic program, but there was nothing there.”
The request comes just two years after Oklahoma courts blocked a proposed Catholic virtual charter school called Saint Isidore of Seville.
In 2023, Oklahoma’s Virtual Charter School Board initially approved Saint Isidore. A lawsuit followed, and the Oklahoma Supreme Court ruled that a religious public charter school violates both the Oklahoma Constitution and the U.S. Constitution.
That decision was appealed to the Supreme Court; however, Justice Amy Coney Barrett recused herself from the case due to personal ties to the school, resulting in a 4-4 split that left the Oklahoma ruling intact.
Since then, supporters of religious charter schools have searched for a new legal pathway to bring the issue back before the courts.
In May 2025, former State Superintendent Ryan Walters said, “We will continue to move forward to find any kind of avenue possible for this school and others like it to exist in Oklahoma.”
Attorneys representing Ben Gamla said they’re prepared for a similar legal battle if the application is denied.
“Our goal is to win here at the board,” said Eric Baxter, an attorney with the Becket Fund for Religious Liberty. “If that doesn’t happen, we will bring a case in federal district court or ultimately, the 10th Circuit to rule in our favor.”
Baxter said the school would be open to students of all religions, not just to Jewish students.
Supporters also argue that allowing public funding for secular schools but not religious ones amounts to unconstitutional discrimination.
Baxter explained, “Charter schools already exist around a variety of ideological and cultural ideas, and religion has an equal place in our public schools as any other educational philosophy.”
Deutsch has operated Hebrew-language charter schools in Florida for nearly two decades.
Those schools focus on Jewish culture and language, but are not formally religious.
“The schools have consistently been rated in the top five or 10 percent of public schools in Florida,” Deutsch said.
The Oklahoma proposal, however, would be explicitly religious, a distinction that places it squarely at the center of the legal debate.
One of the most vocal opponents of religious charter schools, Americans United for Separation of Church and State, said it’s ready to fight again.
The group opposed the Saint Isidore proposal, arguing that religious charter schools would force taxpayers to fund religious teachings they may disagree with or that may even discriminate against them.
“It requires all the taxpayers out there to fund not just a religion that may not be their own, [but] that religion may even criticize their religion or they may be non-religious,” said Rachel Laser, the President of Americans United for Separation of Church and State, in a previous interview.
At the time those comments were made, the Ben Gamla proposal had not yet been formally submitted. With the application now under review, additional public opposition is expected.
A key legal obstacle remains Article II, Section 5 of the Oklahoma Constitution, which explicitly prohibits public funds from being used to support religious institutions.
The provision states that no public money may be used “directly or indirectly” for the benefit of any religious sect or institution.
Voters were asked to repeal that language in 2016 under State Question 790, but rejected the proposal.
The Oklahoma Supreme Court relied heavily on that clause of Oklahoma’s Constitution when striking down the Saint Isidore charter school.
Supporters of religious charter schools argue the state provision itself might violate the U.S. Constitution, which could shift the fight to federal court.
The long term goal, openly stated by supporters of religious charter schools including Gov. Kevin Stitt, is to return the issue to the U.S. Supreme Court, but this time with Justice Barrett participating in the vote.
Oklahoma Attorney General Gentner Drummond has already signaled that his office will oppose any religious charter school application.
In a statement to FOX23, Drummond said, “This matter has already been resolved after the state Supreme Court’s ruling to prevent taxpayer-funded charter schools was upheld by the U.S. Supreme Court last year. Our office will oppose any attempts to undermine the rule of law.”
The issue has divided Oklahoma Republicans and has been a recurring topic on the campaign trail.
The Oklahoma Charter School Board is expected to vote next month on whether to approve or deny the Ben Gamla application.
Even if the board denies the proposal, a lawsuit appears likely and supporters acknowledge that legal challenge may be part of the strategy.
As with Saint Isidore, the outcome could once again place Oklahoma at the center of a national constitutional debate over religion, public education and taxpayer funding.
On Tuesday, leaders from Oklahoma’s Jewish community released a joint statement raising concerns about the proposed Ben Gamla Jewish Charter School, saying the application moved forward without meaningful consultation with local Jewish institutions.
The statement emphasizes that Jewish education is already well established in Oklahoma, citing existing schools, synagogues and community organizations, including the Mizel Jewish Community Day School in Tulsa.
Community leaders said they were troubled that an out-of-state organization would pursue a Jewish charter school without first engaging local leadership.
“Our concern is for the wellbeing, sustainability and integrity of the Oklahoma Jewish community,” the statement said in part, adding that local consultation could have identified and addressed any educational gaps.
The group urged the Oklahoma Charter School Board to consider the lack of community engagement as part of its review.
The statement was signed by leaders from Mizel Jewish Community Day School, Temple Israel, Congregation B’nai Emunah, Jewish Tulsa and other Jewish organizations.
You can read the full joint statement below:
“Jewish education flourishes when it is built in partnership with the community it intends to serve. The Jewish community of Oklahoma is deeply committed to Jewish education and serving the needs of our community. Our local boards, organizations and donors have invested heavily in our local Jewish educational system through a dedication to learning. This investment can be seen by the vibrant Mizel Jewish Community Day School in Tulsa and the plethora of offerings from our synagogues and communal organizations.
It’s with that commitment to our communities that we feel compelled to address the application currently before the Oklahoma Charter School Board proposing the establishment of a Jewish charter school in our state.
We are deeply concerned than an external Jewish organization would pursue such an initiative in Oklahoma without first engaging in meaningful consultation with the established Oklahoma Jewish community. Had such consultation occurred, the applicant would have been made aware that Oklahoma is already home to many Jewish educational opportunities.
Our concern is first and foremost for the well-being, sustainability and integrity of the Oklahoma Jewish community. Meaningful engagement with local leadership and institutions would have surfaced and addressed any educational gaps or concerns the applicant believes exist.
We live, work, raise our families and build our Jewish lives in Oklahoma. To bypass community consultation in favor of an externally driven initiative is a serious error, one that must be clearly recognized and addressed by the Oklahoma Charter School Board as part of its review process.
Amanda Anderson, Executive Director, Mizel Jewish Community Day School
Batsheva Appel, Interim Rabbi, Temple Israel
Jim Jakubovitz, Executive Director, Zarrow Pointe Retirement Center
Daniel Kaiman, Principal Rabbi, Congregation B’nau Emunah
Joe Roberts, Executive Director, Jewish Tulsa”
