Federal judge greenlights taxpayer-funded religious Oklahoma charter school

A federal judge’s recent ruling on a religious charter school in Oklahoma could make way for a precedent that is a direct contrast to the separation of church and state — and a new wave of taxpayer-funded religious schools.

Per Friendly Atheist, Western District Judge David L. Russell of Oklahoma recently ruled that the state violated the First Amendment after denying the approval of the Ben Gamla Jewish Charter School on the basis of religion.

In his ruling, Russell stated that the court is not expressing “judgment on the wisdom of the State of Oklahoma opening up its coffers to charter schools of disparate philosophical or educational persuasions.”

However, once it does, the court can’t deny a school on account of its “religious character.”

While the ruling, which occurred late last month, doesn’t mean that the charter school is close to opening, it does give way to the school being able to continue the steps of becoming established.

Now, the state Charter School Board has to reconsider Ben Gamla Jewish Charter School’s application when the board next reconvenes.

Attorney General Gentner Drummond previously sued to stop the school from receiving the taxpayer funds, but was ultimately stopped by the Supreme Court.

Additionally, Drummond sued the Charter School board earlier this year due to claims the board “didn’t thoroughly explain all the existing problems with the school’s application,” per the outlet.

Despite the recent ruling by the court to give the taxpayer funds the go-ahead for the school, Drummond’s lawsuit is ongoing.

Following the news of the ruling, many close to the situation voiced their opinions on what it means moving forward.

The ruling “opens the door to a dangerous sea change for our democracy,” the legal team of a [pro-church/state separation] group said via statement. “Forcing taxpayers to fund religious public schools violates state and federal law.”

“Ben Gamla will not only indoctrinate students into a particular religion — it will discriminate against families that don’t share the school’s beliefs. We will continue to fight for all Oklahomans, who deserve public schools that are secular and open to all students,” the attorneys added.

As for Drummond, in a statement on Oct. 1, he addressed the ruling saying, “In 2024, the Oklahoma Supreme Court ruled that a religious charter school violates the Oklahoma Constitution, state law and the U.S. Constitution. The U.S. Supreme Court left that decision in place last year.”