Federal judge temporarily blocks Oklahoma religious-charter exclusion for Ben Gamla
Caroline MolloyA federal judge on Sept. 24 granted a preliminary injunction preventing Oklahoma from enforcing its nonsectarian charter-school provision against the National Ben Gamla Jewish Charter School Foundation while the organization’s federal lawsuit proceeds.
Ben Gamla applied to participate in Oklahoma’s charter-school program as an online school open to students statewide. The Oklahoma Statewide Charter School Board had rejected the application after concluding that the Oklahoma Supreme Court’s decision involving St. Isidore of Seville Catholic Virtual School required the state to exclude faith-based charter schools.
In the preliminary-injunction ruling, U.S. District Judge David L. Russell concluded that Ben Gamla had shown a likelihood of success on its claim that the nonsectarian provision discriminates on the basis of religious character in violation of the First Amendment’s Free Exercise Clause.
The order blocks enforcement of the provision against Ben Gamla while the lawsuit continues. A preliminary injunction is not a final judgment on all issues in the case.
Becket, which represents Ben Gamla, said the ruling allows the foundation to continue pursuing participation in the Oklahoma charter program. The state and intervening parties have the opportunity to appeal or continue litigating the merits.
