Federal court hears arguments on Oklahoma’s ban for religious charter schools
Caroline MolloyA federal court heard oral arguments on Aug. 5 about whether an Oklahoma law banning religious charter schools violates the First Amendment’s protection of the free exercise of religion.
Oklahoma established a charter school system in 1999, which provides public funds for privately run K–12 schools to which parents can send their children instead of a public school operated by a school district. The law only allows “nonsectarian” applicants, which prevents any participation from schools that have a religious identity.
In 2023, the Oklahoma Statewide Charter School Board (SCSB) approved an application from a proposed Catholic charter school — St. Isidore of Seville Catholic Virtual School — which led to a legal challenge from Oklahoma Attorney General Gentner Drummond, who opposed religious charter schools.
The Oklahoma Supreme Court sided against the school, finding that charter schools are public schools and that public schools must be secular. St. Isidore appealed this to the U.S. Supreme Court, but that resulted in a 4-4 deadlock with no majority opinion because Justice Amy Coney Barrett had a conflict of interest and recused herself.
Amid no clear guidance from the federal courts, a Jewish organization — National Ben Gamla Jewish Charter School Foundation — filed an application to set up a charter school, which was denied. The group, represented by lawyers at the Becket Fund, filed a new lawsuit and asked a federal district court to require the SCSB to consider religious applicants.
“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,” Daniel Chen, a Becket attorney representing the Jewish foundation, said in a statement.
“The one it refuses to make room for is a faith-based school,” Chen added. “That is religious discrimination, plain and simple, and the state deserves a failing grade for it.”
Chen told EWTN News that Becket is asking the federal court to immediately allow National Ben Gamla Jewish Charter School Foundation to set up a charter school, citing U.S. Supreme Court precedent that requires government programs to allow religious institutions the same access as secular institutions.
“They’re private actors,” he said. “And because they’re private actors, they cannot be excluded from participating in a public benefits program.”
Chen said the federal district court is not bound by the precedent of the Oklahoma Supreme Court because that is a state court, so it could rule in favor of the school. He also said if the case goes to the U.S. Supreme Court, he hopes Barrett can weigh in to break the 4-4 deadlock.
“We’re hoping that [for] our case, there wouldn’t have to be any recusals,” he said.
