A federal district court today issued a ruling disappointingly paving the way for the opening of the nation’s first religious public charter school in Oklahoma.
The U.S. District Court for the Western District of Oklahoma granted the National Ben Gamla Jewish Charter School Foundation’s request for a preliminary injunction against enforcement of an Oklahoma state law that prohibits religious public charter schools. The lawsuit, The National Ben Gamla Jewish Charter School Foundation Inc. v. Shellem, was filed by Ben Gamla in March after the Oklahoma Statewide Charter School Board rejected its application to operate as a religious public charter school that would integrate Jewish teachings into “every dimension of … life,” including classroom instruction and other activities. Charter schools, like all public schools, must be secular and open to all students. The district court’s ruling is a blow to religious freedom, church-state separation and public education.
A predominantly Jewish group of seven Oklahoma taxpayers, who were granted intervenor status to participate in the lawsuit, opposes Ben Gamla’s effort to force Oklahoma to authorize and fund an unconstitutional religious public charter school. The intervenors are represented by the Freedom From Religion Foundation, Americans United for Separation of Church and State, the Oklahoma Appleseed Center for Law and Justice, the American Civil Liberties Union, and the Education Law Center.
In response to the ruling, attorneys representing the intervenors issued the following statement:
“The court’s conclusion that a public charter school can be religious without violating our rights opens the door to a dangerous sea change for our democracy. Forcing taxpayers to fund religious public schools violates the separation of church and state. 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 – as required by state and federal law.”
Attorneys representing the intervenors include Nancy A. Noet and Samuel T. Grover of Freedom From Religion Foundation; Alex J. Luchenitser at Americans United; Brent Rowland and Morgan Bandy of the Oklahoma Appleseed Center for Law and Justice; Daniel Mach and Heather L. Weaver of the ACLU; Jessica Levin, Wendy Lecker, Patrick Cremin, and Katrina Reichert of Education Law Center.
The Freedom From Religion Foundation is a U.S.-based nonprofit dedicated to defending the constitutional principle of separation between state and church and educating the public on matters relating to nontheism. With about 42,000 members, FFRF is the largest association of freethinkers (atheists, agnostics and humanists) in North America. For more information, visit ffrf.org.
Americans United for Separation of Church and State is a religious freedom advocacy organization based in Washington, D.C. Founded in 1947, AU educates Americans about the importance of church-state separation in safeguarding religious freedom. Learn more at www.au.org.
The Oklahoma Appleseed Center for Law and Justice is a 501(c)3 public interest law firm that fights for the rights and opportunities of every Oklahoman.
Education Law Center (ELC) pursues justice and equity for public school students by enforcing their right to a high-quality education in safe, equitable, non-discriminatory, integrated, and well-funded learning environments. ELC seeks to support and improve public schools as the center of communities and the foundation of a multicultural and multiracial democratic society. Visit edlawcenter.org.
For more than 100 years, the American Civil Liberties Union (ACLU) has worked in courts, legislatures, and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all.
