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Jewish group revives religious charter school fight in Oklahoma, months after test case stalled at Supreme Court

(JTA) — Months after a Supreme Court deadlock blocked an attempt by a Catholic church to create the nation’s first openly religious, publicly funded charter school, a Jewish group is now advancing a similar plan — one designed to sidestep the legal obstacles that doomed the first case.

The National Ben Gamla Jewish Charter School Foundation has notified an Oklahoma state board that it intends to apply for a statewide virtual high school integrating Oklahoma academic standards with daily Jewish religious studies.

Local Jewish leaders say they were blindsided by the proposal and argue that such a school isn’t needed. But getting approval is not what the applicants are expecting.

Instead, the group’s legal team — led by Becket, a prominent nonprofit religious-liberty law firm — is preparing for the state board to reject the application, setting the stage for a federal lawsuit and, potentially, a precedent-setting ruling at the Supreme Court.

Anticipating that the application will likely be denied, “we would represent Ben Gamla challenging that decision in the federal courts in Oklahoma,” Eric Baxter, a vice president and general counsel at Becket, said in an interview.

Baxter said Ben Gamla expects to submit the application by the end of the year.

The resulting case could become the next major test of whether the Constitution permits government funding to establish religious charter schools. It would resolve a question the Supreme Court failed to decide when it deadlocked 4-4 last spring in the Catholic case, St. Isidore of Seville Catholic Virtual School v. Drummond.

Justice Amy Coney Barrett recused herself from the case, reportedly because of her longstanding personal and professional ties to a Notre Dame law professor who had advised the petitioner in its early stages.

St. Isidore, backed by the Archdiocese of Oklahoma City and the Diocese of Tulsa, focused on school funding but it came amid a broader effort led by conservatives to weaken the legal doctrine of church-state separation. While many of the largest Jewish groups — including the American Jewish Committee, the Anti-Defamation League, and the Union for Reform Judaism — have long championed a strictly secular public sphere as a safeguard for minorities, an increasingly vocal contingent has advocated for greater public funding for private Jewish day schools.

One of the most prominent opponents of public funding for religious education is Rachel Laser, a former leader in Reform Judaism who now heads Americans United for Separation of Church and State. She argues that efforts to erode church-state deportation ultimately serve to advance the domination of Christianity in government.

“As a Jew and the leader of Americans United for Separation of Church and State, I feel obligated to point out that such a case would be using Jews to advance a Christian Nationalist agenda that is not ultimately in Jews’ best interest,” Laser said.

The Oklahoma Statewide Virtual Charter School Board approved the St. Isidore school in 2023, prompting immediate litigation led by the state attorney general, who argued that a religious charter school was unconstitutional.

The Oklahoma Supreme Court agreed, ruling that charter schools are “state actors” required to remain secular. The case went to the U.S. Supreme Court, which seemed poised, based on the conservative composition of the court and the oral arguments preceding the ruling, to consider overturning longstanding limits on taxpayer-funded religious schooling.

But in May, the justices deadlocked, and the tie allowed the Oklahoma ruling to stand.

Now Ben Gamla, backed by a former Democrat congressman, aims to resurrect the issue, using a new legal pathway. The group will not sue in state court, bypassing the state Supreme Court ruling against St. Isidore, but in federal court, where they believe they will prevail.

By framing Oklahoma’s refusal as a violation of the U.S. Constitution’s Free Exercise Clause, Ben Gamla hopes to build on recent Supreme Court rulings holding that states may not exclude religious organizations from generally available public benefits solely because they are religious.

“The school should be allowed there under existing Supreme Court precedent,” Baxter said. “The court has already previously ruled that in ways that make it clear it cannot exclude a charter school just because it’s religious.”

Ben Gamla is a newly formed Oklahoma nonprofit led by former Democratic congressman Peter Deutsch, who surprised many by endorsing Trump in 2024, citing his stances on Israel and education policy.

Deutsch previously founded a network of Hebrew-English charter schools in Florida with the aim of combating Jewish assimilation, though those schools, unlike the Oklahoma proposal, were required to operate as strictly secular institutions.

His aspirations led Deutsch to look beyond Florida — including to Oklahoma. After St. Isidore was initially approved in 2023, he traveled to the state and explored applying for a Jewish charter school of his own, telling JTA last February that the Catholic effort could be “a paradigm shift for American Jews.”

But he said that after speaking with local rabbis and parents, he decided the state’s Jewish community was too small to sustain such a brick-and-mortar school. The proposal for a virtual Ben Gamla school marks a shift: Whatever the local demand, the project is now positioned as a legal vehicle to test the constitutional question nationwide.

Deutsch declined to be interviewed for this story, directing all questions to Becket.

According to its letter of intent, filed Nov. 3 with Oklahoma’s charter board, the proposed Ben Gamla Jewish Charter School would operate as a statewide virtual high school for grades 9-12 and open with roughly 40 students in the 2026-27 school year. The school plans to offer daily courses in Jewish texts, practices, ethics and other forms of religious study.

The school would deliver “Oklahoma’s state-approved academic standards alongside Jewish religious studies, enabling students to achieve college readiness while developing deep Jewish knowledge, faith, and values within a supportive learning community,” the letter says.

The founding team includes Brett Farley, the executive director of the Catholic Conference of Oklahoma and a former St. Isidore board member.

The new proposal immediately triggered a response from Americans United for Separation of Church and State, which had led litigation against St. Isidore.

Last week, the organization announced that it had filed Oklahoma Open Records Act requests seeking all communications between the state charter board and Ben Gamla. Americans United argues the proposed school is unconstitutional.

“Despite their loss earlier this year in the U.S. Supreme Court, religious extremists once again are trying to undermine our country’s promise of church-state separation by forcing Oklahoma taxpayers to fund a religious public school. Not on our watch,” Laser, the president of Americans United, said in a statement.

Within the Jewish community, the Ben Gamla plan lands in the middle of longstanding divisions over public funding for Jewish religious education.

Orthodox-affiliated organizations, including the Orthodox Union and its affiliated Teach Coalition, have supported efforts to loosen restrictions, arguing that Jews should not be penalized for choosing religious schooling. Several conservative Jewish groups backed St. Isidore’s Supreme Court petition.

Deutsch supports lowering the wall between church and state, at least when it comes to education funding, citing low levels of Jewish knowledge and rising assimilation among American Jews.

“If you think Jewish peoplehood and faith have value in terms of continuity, looking at American Jews today and saying that’s a success story today is absurd,” he told JTA in February. “Clearly, Jewish individuals have done extraordinarily well, but the Jewish community is in a death spiral. The only way to prevent what’s happening is through education.”

In Oklahoma, where  the Jewish population is estimated at fewer than 9,000 people, the proposal has drawn skepticism from local Jewish leaders — including those who say they first learned about it not from organizers, but from reporters.

Rabbi Daniel Kaiman, who leads Congregation B’nai Emunah in Tulsa, said he was surprised to discover that an application was being pursued “in the name of the Jewish community” even though, he said, no one he is aware of in the community had been consulted.

“I was surprised to be learning about it through a reporter,” he said. “When I called around to other Jewish leaders in Tulsa and Oklahoma City, none of us knew anything about it.”

Kaiman said he opposes the proposal and worries about the implications of a national legal campaign being waged through a tiny Jewish community that has to manage delicate relationships with state officials and interfaith partners.

“As a Jewish community in Oklahoma, we are an extreme minority,” he said. “I don’t know if this is the type of political attention our Jewish community would have asked for — and I wasn’t asked. Anything that could threaten the key relationships we have with our neighbors and with state leadership is something we need to think about very carefully.”

He added that he is uneasy about being thrust into a public debate that pits one Jewish group against another.

“I don’t love the fact that this forces me to be speaking, even potentially, in opposition to another Jewish group,” he said. “That doesn’t feel very good.”

Kaiman also questioned the underlying practicality of a Jewish charter school in a state with such a small Jewish population, and noted that existing Jewish educational institutions — including a day school, preschools and synagogue-based programs — already meet the community’s needs.

The local Jewish community is tight-knit and exceptionally charitable, a dynamic shaped in part by local oil and gas wealth that has given it an outsized impact on the wider Jewish world through philanthropies.

“We have robust educational offerings for Jewish kids in Oklahoma,” Kaiman said. “I don’t know who this new proposal is for.”

Still, he was careful to leave space for ongoing conversation within the community.

“We really value Jewish education, and maybe this is a good idea,” he said. “But it’s hard to learn about it through public discourse alone. Partnership and conversation would be a better way forward.”

The post Jewish group revives religious charter school fight in Oklahoma, months after test case stalled at Supreme Court appeared first on The Forward.

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Germany’s antisemitism czar says slogans like ‘From the river to the sea’ should be illegal

(JTA) — Germany’s antisemitism czar has urged a law to ban pro-Palestinian slogans such as “From the river to the sea,” renewing a fraught debate over the country’s historic allegiance to Israel and freedom of speech.

Felix Klein’s initiative would ban chants that could be interpreted as calling for Israel’s destruction. His proposal has the support of German Interior Minister Alexander Dobrindt and is now being reviewed by the Justice Ministry, he told Haaretz on Wednesday.

“Before Oct. 7, you could have said that ‘From the river to the sea’ doesn’t necessarily mean kicking Israelis off the land, and I could accept that,” said Klein. “But since then, Israel has really been facing existential threats, and unfortunately, it has become necessary here to limit freedom of speech in this regard.”

Klein, the first holder of an office titled “Federal Government Commissioner for Jewish Life in Germany and the Fight against Antisemitism” since 2018, added that he believed the law must be passed even if it is challenged in court for violating free speech.

Hamas’ Oct. 7, 2023, attacks and the subsequent and devastating Israel-Hamas war in Gaza tore at the seams of Germany’s national doctrines. The war triggered a sharp rise in antisemitic and Isalmophobic incidents across the country. It also exposed charged questions about when Germany prioritizes its responsibility toward the Jewish state, which became central to German national identity after the Holocaust, and when it upholds democratic principles.

The legal boundaries of pro-Palestinian speech are already far from clear-cut. Currently, courts decide whether a person chanted “From the river to the sea, Palestine will be free” in support of peacefully liberating Palestinians or in endorsement of terrorism. In August 2024, the German-Iranian activist Ava Moayeri was convicted of condoning a crime for leading the chant at a Berlin rally on Oct. 11, 2023.

Shortly after the Hamas attacks, local authorities across Germany imposed sweeping bans on pro-Palestinian protests. Berlin officials authorized schools to ban the keffiyeh, a symbol of Palestinian solidarity, along with slogans such as “Free Palestine.”

Jewish and Israeli activists were caught up in the crackdown. In October 2023, a woman was arrested after holding a poster that said, “As a Jew and Israeli: Stop the genocide in Gaza.” And police prohibited a demonstration by a group calling themselves “Jewish Berliners against Violence in the Middle East,” citing the risk of unrest and “inflammatory, antisemitic exclamations.”

Earlier this year, German immigration authorities ordered the deportation of three European nationals and one U.S. citizen over their alleged activity at pro-Palestinian demonstrations. Three of the orders cited Germany’s “Staatsräson,” or “reason of state,” a doctrine enshrining Germany’s defense of Israel as justification for its own existence after the Holocaust.

But that tenet is not used in legal settings, according to Alexander Gorski, who represents the demonstrators threatened with deportation. “Staatsräson is not a legal concept,” Gorski told the Jewish Telegraphic Agency in April. “It’s completely irrelevant. It’s not in the German Basic Law, it’s not in the constitution.”

Jewish leaders such as Charlotte Knobloch, a Holocaust survivor and president of the Jewish Community of Munich and Upper Bavaria, have argued that anger toward Israel created a “pretext” for antisemitism. “It is sufficient cause in itself to fuel the hatred,” Knobloch said to Deutsche Welle in September.

In recent months, two German establishments made the news for refusing entry to Jews and Israelis. A shop in Flensburg, which posted a sign saying “Jews are banned here,” is vulnerable to German anti-discrimination law. Not so for the restaurant in Fürth whose sign read, “We no longer accept Israelis in our establishment,” according to anti-discrimination commissioner Ferda Ataman, who said the law does not apply to discrimination on the basis of nationality.

Klein said he has also initiated legislation to expand that law to protect Israelis and other nationalities.

He has a longstanding relationship with Jewish communities in Germany, starting with his Foreign Office appointment as the special liaison to global Jewish organizations. In that role, he helped create a “working definition” of antisemitism for the International Holocaust Remembrance Alliance in 2016. That definition has sparked contentious debate, as critics argue it conflates some criticisms of Israel with antisemitism.

Klein believes that anti-Zionism does largely fall in the same bucket as antisemitism. “I think in most cases it is — it’s just a disguised form of antisemitism,” he told Haaretz. “When people say they’re anti-Israel, what they really mean is Jews.”

The post Germany’s antisemitism czar says slogans like ‘From the river to the sea’ should be illegal appeared first on The Forward.

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There’s something missing from John Fetterman’s memoir: Israel

There may be no senator who has committed more fervently to supporting Israel, at a greater personal cost, than Sen. John Fetterman.

In the weeks following the Oct. 7 attacks on Israel, the Pennsylvania Democrat began taping hostage posters to the wall outside his office and wearing a symbolic dogtag necklace. He embraced Israeli Prime Minister Benjamin Netanyahu, a pariah to many Democrats. As the civilian death toll in Gaza mounted, he posted constantly on social media to defend the war.

The position has cost him followers, friends, staff and perhaps in the future his seat. But it has also made him a hero in parts of the Jewish community. He received awards from Yeshiva University and the Zionist Organization of America and he was brought onstage as a panelist at the national Jewish Federations of North America convention.

Given the centrality of Israel to his focus in office — he was sworn in only 9 months before Oct. 7 — and how often he posts about it on social media, one might anticipate Fetterman giving it a lengthy treatment in his newly released memoir, Unfettered. The title of the memoir, too, seems to promise candor.

Instead, Fetterman dedicates all of three paragraphs to Israel in a book that largely rehashes lore from before his time in the Senate and discusses his struggles with mental health. These paragraphs — which even pro-Israel readers will read as boilerplate — appear in the book’s penultimate chapter, which is about his declining popularity since taking office.

Some have suggested that the reason some of the media and former staffers turned on me was because of my stance on Israel. Others imply that my support of Israel has to do with impaired mental health, which isn’t true. My support for Israel is not new. I was quoted in the 2022 primary as unequivocally stating that “I will always lean in on Israel.”

There’s a paragraph here about sticking to his morals even if it means defying his party, then:

There was no choice for me but to support Israel. I remembered the country’s history — how it was formed in 1948 in the wake of the murder of six million Jews. Since then, the rest of the Middle East, harboring resentments going back thousands of years, has only looked for ways to eradicate Israel. It took less than a day after the formation of the Jewish state was announced for Egypt to attack it. Every day in Israel is a struggle for existence, just as every day is an homage to the memory of the Jews shot and gassed and tortured.

It’s also clear that war in Gaza [sic] has been a humanitarian disaster. At the time of this writing, roughly sixty thousand people have been killed in Israel’s air and ground campaign, over half of them women, children, and the elderly. I grieve the tragedy, the death, and the misery.

Satisfied with this examination of the hypothesis for his growing unpopularity, Fetterman then moves on to another possible reason: his votes on immigration.

It’s strange to read the Israel passages in light of Fetterman’s full-throated advocacy on any number of issues related or connected to the Israel-Hamas war, including the hostages, campus protests, and rising antisemitism. Even if he did not reckon more deeply with his support for a war that brought about a “humanitarian disaster,” he might have talked about meeting the hostage families, or visiting Israel, or his disappointment that some voices within his party have turned against it.

The production of Unfettered was itself a story earlier this year, and may explain the book’s failure to grapple with a central priority.

Fetterman reportedly received a $1.2 million advance for it, roughly a third of which went to Friday Night Lights author Buzz Bissinger to ghostwrite it. But the two apparently had a falling out at some point, according to the sports blog Defector, which wrote in June that “in the process of having to work with Fetterman, Bissinger went from believing the Pennsylvania senator was a legitimate presidential candidate to believing he should no longer be in office at all.”

Bissinger is not credited anywhere in the book, and does not appear to have contributed. (He refused to discuss the book when a reporter called him earlier this year.)

But the mystifying section about Israel may have nothing to do with a ghostwriter or lack thereof. It may instead be explained by a letter his then-chief of staff wrote in May 2024, in which he said Fetterman “claims to be the most knowledgeable source on Israel and Gaza around but his sources are just what he reads in the news — he declines most briefings and never reads memos.”

The post There’s something missing from John Fetterman’s memoir: Israel appeared first on The Forward.

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How a Russian samovar connects me to the old country — and my black market dealing great-great-grandmother

For as long as I can remember, the golden samovar — a Russian teapot of sorts — has rested somewhere high in our home. In our first house, it sat imposingly on a shelf above the staircase. In our current home, it tops the boudoir in our guestroom. When I was growing up, I didn’t actually know what it was and, until a few years ago, I didn’t think to ask.

Spurred by some unknown impulse — possibly a quarter-life crisis or my mom and dad entering their 60s — I decided to interview my parents on the origin of every object and piece of furniture displayed in our home, gathering information that would otherwise die with them. Some of my questions yielded three-word answers (“It’s a lamp”); others evoked longer stories, like that of my black market-dealing great-great-grandmother.

Rivka Silberberg brought the samovar with her when she and her family — including my great-grandfather — immigrated to the United States from the Pale of Settlement sometime before World War I. According to my grandfather, while Rivka’s neighbors were fleeing religious persecution, she was evading authorities after a neighbor ratted her out for illegally selling items — some say tea, others tobacco — without the proper taxation. My mom thinks it was probably a combination of antisemitism and legal peril that motivated Rivka to leave.

Samovars were an important part of Russian social life in the late 19th and early 20th centuries. Jenna Weissman Joselit, a professor of Judaic studies and history at George Washington University and former Forward columnist, wrote, “The samovar loomed large in Jewish immigrant culture” and “a hefty proportion of Russian Jewish immigrants … lugged the heavy and bulky contraption to the New World.”

Although slightly tarnished, the samovar survived a journey from the Pale of Settlement to New York. Photo by

They acted both as a comforting, familiar sight and as something that could be pawned when money was tight, Joselit wrote. Clearly, my great-great-grandmother valued her samovar enough to drag it across the Atlantic.

Learning about the items in my house has given me a new appreciation for the objects that were always just a part of my background. Since the samovar is one of the only pieces of my family’s old world life we still have, it’s imbued with a certain sacredness. This samovar is not simply a vessel for brewing tea; It is a symbol of my ancestors’ forced migration, a testament to their ability to make the hard choices necessary for survival.

I am the only grandchild on my mother’s side. My grandfather was also an only child, meaning I am the only great-grandchild of his parents. I alone carry this history. Like the samovar, I am a physical testament to my family’s survival.

It’s a lot of weight to have on your shoulders — or on your shelf.

Being an only child is what made me feel such an urgent responsibility to capture my parents’ stories; if I didn’t save them, no one else would.

But objects are impermanent. They tarnish (as our samovar has). They shatter. They get lost.

As these sacred objects become more enchanted, we also become more vulnerable to their loss. Any damage to them would feel like a devastating blow.

Since my grandmother passed away in 2020, I have been the owner of her wedding band. I can count on my hands the number of times I’ve worn it, primarily on occasions when I want to feel like she’s near, whether on Rosh Hashanah or my college graduation. Otherwise, I keep it in my jewelry box where it can stay safe.

My mom takes a much more relaxed approach. One Passover, a friend set down one of our dessert plates with too much force, and it cracked. My mom, in an effort to reassure the friend, said probably the last thing one wants to hear after breaking someone else’s belongings: “It was my grandmother’s.”

After the friend panicked for a moment, my mom realized how the words had sounded.

“No, no, no,” she said. “I mean that it’s so old.”

Old things break. It’s part of their natural course of existence. For my mom, this was just an inevitable fact of life. Even without the dessert plate, she has memories of her grandmother to hold onto.

It’s taken me longer to accept the impermanence of objects. Only recently has the loss of a cheap earring not felt like the end of the world.

Luckily, because of its size and shape, the samovar would be a hard thing to misplace. In the future, if it needs to be moved, I’ll make sure I do so with care. But if for some reason something should happen to it, I am comforted to know that the story of Rivka and her smuggling ways lives on within me.

The post How a Russian samovar connects me to the old country — and my black market dealing great-great-grandmother appeared first on The Forward.

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