Jewish charter school urges court to end Oklahoma’s religious exclusion Ben Gamla asks federal judge to halt state exclusion of faith-based schools from state charter program

WASHINGTON – Becket attorneys urged a federal court today to stop Oklahoma from excluding the National Ben Gamla Jewish Charter School Foundation, Inc. from the state’s charter program because of its religious character. In National Ben Gamla Jewish Charter School Foundation, Inc. v. Shellem, Ben Gamla is challenging Oklahoma’s policy of denying charter school opportunities to religious applicants while allowing a wide range of other privately operated charter schools to participate. 

“Oklahoma grants charters to private schools of all types, including schools focused on Native American traditions or pretty much any other philosophy—just so long as the school is not religious,” said Peter Deutsch, founder of the National Ben Gamla Jewish Charter School Foundation. “That type of religious discrimination must end. The court should reject the state’s religious ban and let Ben Gamla compete with other private schools on equal terms.”

In 2006, Peter Deutsch founded the Ben Gamla Charter School Foundation in Florida. Ben Gamla Florida has provided high-quality education to students of all faiths. With four campuses in Florida, they offer an education focused on Hebrew language, culture, and history. In 2025, Peter Deutsch incorporated the National Ben Gamla Jewish Charter School Foundation in Oklahoma and applied for charter authorization with the Oklahoma Statewide Charter School Board to open Ben Gamla Jewish Charter School as an online option for families statewide.

The Oklahoma Charter School Board praised Ben Gamla’s model but rejected its application after concluding that St. Isidore v. Drummond required Oklahoma to shut faith-based schools out of the charter program. Attorney General Gentner Drummond, who led the case against St. Isidore, was later named “Secularist of the Week” by the Freedom From Religion Foundation for his opposition to Ben Gamla and other religious schools. Ben Gamla is now asking the court to stop Oklahoma from enforcing that religious exclusion while the case continues.

“Oklahoma makes room in its charter program for schools of all shapes and sizes, from those focused on science and fine arts to language immersion and classical education,” said Daniel Chen, counsel at Becket and attorney for the National Ben Gamla Jewish Charter School Foundation. “The one it refuses to make room for is a faith-based school. That is religious discrimination, plain and simple, and the state deserves a failing grade for it.”

Recent polling indicates broad public support for entities like Ben Gamla. According to Becket’s 2025 Religious Freedom Index, 76% of Americans believe religious organizations that serve the community should be just as eligible to receive government funding as non-religious organizations that provide the same services.

A decision is expected in the coming weeks.