A federal court ruled Thursday that Oklahoma cannot prevent a Jewish charter school from operating in the state, paving the way for the nation’s first taxpayer-funded religious charter school.
The National Ben Gamla Jewish Charter Foundation tried to open its virtual school last year, but the Oklahoma Statewide Charter School Board denied the application.
Brian Shellem, the chairman, said at the time the board was bound by the state’s Constitution to reject the religious school, even if some members may be in favor of it. He previously said he hoped the issue would go to the Supreme Court.
Ben Gamla sued, arguing it had been treated unfairly. The U.S. District Court for the Western District of Oklahoma granted the school a preliminary injunction Thursday that will allow it to participate in the charter school program while the lawsuit moves forward.
“This is a victory for educational freedom, religious equality and families in Oklahoma,” said Peter Deutsch, Ben Gamla’s founder, in a statement.
Attorneys for Oklahoma’s charter school board said the board had rejected the Jewish school’s application because it had no choice. They expressed support for the religious school Thursday.
“The court’s ruling today affirms that religious charter school applicants should not be excluded from consideration simply because of their religiosity,” A.J. Ferate, an attorney for the board said.
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