News Release
For Immediate Release: 9.24.26
Contact: Natalie Konstans, media@firstliberty.org
Direct: 972-941-4453
Federal Court Grants Preliminary Injunction Preventing Enforcement of Discriminatory Oklahoma Charter School Law
The Oklahoma Statewide Charter School Board is being sued by Jewish charter school after being required to deny its application due to its religious character.
Oklahoma City, OK—Today, the U.S. District Court for the Western District of Oklahoma granted a preliminary injunction preventing the Oklahoma Statewide Charter School Board from enforcing a state law that mandates the Board reject religious charter school applicants. Earlier this year, the Board was required to reject the National Ben Gamla Jewish Charter School’s otherwise-qualified application for a virtual charter school because of the proposed school’s religious character.
Ben Gamla filed a lawsuit after the denial and requested a preliminary injunction. The Board did not oppose Ben Gamla’s requested relief and argued in favor of granting a preliminary injunction. First Liberty Institute and A.J. Ferate represent the Board.
The Board will review the order at its next meeting and take the appropriate next steps.
A.J. Ferate, counsel on the case said, “The Oklahoma Statewide Charter School Board wanted to follow the First Amendment, but regretfully, they were bound by Oklahoma law when reviewing Ben Gamla’s application. The court’s ruling today affirms that religious charter school applicants should not be excluded from consideration simply because of their religiosity.”
“We’re grateful the court answered this important question of the law and agreed that enforcing a religious prohibition is a violation of the United States Constitution,” stated Counsel for First Liberty, Holly M. Randall.
The National Ben Gamla Jewish Charter School Foundation applied to the Oklahoma Statewide Charter School Board to become the nation’s first state-funded religious Jewish charter school. The Board was required to reject the revised application solely because of Oklahoma’s prohibition on religious charter schools and the Oklahoma Supreme Court’s decision in Drummond v. Oklahoma Statewide Virtual Charter School Board.
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Natalie Konstans at media@firstliberty.org or by calling 972-941-4453.