The Ben Gamla Jewish Charter School has applied to open a school in Oklahoma. However, Oklahoma law forbids religious charter schools.
The board will vote on Feb. 9.
The National Ben Gamla Jewish Charter School Foundation, founded by Peter Deutsch, a former Florida Democratic congressmember known for endorsing Donald Trump in 2024, filed the application for the Oklahoma school.
Daniel Chen of Becket says the Oklahoma law went before the U.S. Supreme Court two years ago in another case.
“Back in 2024 the Oklahoma Supreme Court blocked St. Isador, a Seville Catholic Virtual School, from joining the charter school program. That decision was appealed to the Supreme Court. It resulted in a four-four deadlock because one of the justices recused. So, as it stands, that law is still on the books."
Supreme Court Justice Amy Coney Barrett recused herself due to a closer personal and professional relationship with Nicole Stelle Garnett, a law professor at Notre Dame, who was a legal advisor to the board for Seville Catholic.
As a result, the Court deadlocked at 4 with no opinion given when the judgment was announced on in late May of last year.
The Seville Catholic decision notwithstanding, the U.S. Supreme in the past has ruled applicants for religious schools cannot be denied because they are religious, Chen says.
“We think that under Oklahoma's charter school program it's denial of a charter school's application because it's religious violates Supreme Court precedence."
