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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.”
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Longtime dean of Ziegler School retiring as Conservative seminary plots new course
Rabbi Bradley Shavit Artson, the longtime dean of Ziegler School of Rabbinical Studies, will retire at the end of the school year, the president of Ziegler’s parent institution said Wednesday, in what may signal a broader transformation of the Los Angeles Conservative seminary.
Jay Sanderson, president of American Jewish University, confirmed the news in a phone interview with the Forward.
“He has served the Jewish world admirably, honorably for more than 25 years, leading an upstanding rabbinical school and making his mark on hundreds of Jewish leaders across the country,” Sanderson said.
Artson, who is also a vice president at AJU, is not leaving the school entirely. Sanderson said he will take on a “more senior role” in the administration of AJU, which also includes graduate schools for education and business. He will also continue teaching as the newly inaugurated Mordecai Kaplan Chair.
Artson did not reply to inquiries Wednesday night.
Sanderson, who became president in May 2025, has been making noise about bigger changes ahead at Ziegler since his arrival. In a podcast interview posted Jan. 15, he said he wanted AJU — which is already nondenominational other than Ziegler — to be “less denominationally driven.”
“What I was alluding to is an idea that has been talked about in the Jewish world for 15 years, that no one, frankly, has the courage to do, which is to create a multi-denominational rabbinical school, teaching 21st century skills, and bringing people across denominations to learn together,” Sanderson told the Forward. (Trans-denominational rabbinical schools do exist, including one in Los Angeles — the Academy for Jewish Religion, California.)
AJU sold its 22-acre hilltop campus prior to Sanderson’s arrival to a neighboring Jewish day school for terms that were undisclosed at the time. Sanderson said Wednesday that while he hadn’t seen the exact documentation, he thought it was between $55 million and $60 million. He said AJU netted very little of that, however, because most of the proceeds went to pay off debt on the campus.
Ziegler has since moved to LA’s Westside, and AJU’s administration — which had planned to stay on campus until 2027 — moved out 18 months early.
Artson, a leading intellectual in the Conservative movement, helped spearhead the push to legalize gay marriage under halacha, or Jewish law. He argued that “committed, permanent, exclusive homosexual relationships between equals” could not have been biblically prohibited because they were unknown until the modern era. The responsa he published in the 1990s making that case is still taught in rabbinical schools today; the Conservative movement did not formally sanction gay marriage until 2012.
And at a time when Jewish Theological Seminary, the Conservative flagship, was seen as cloistered, his arrival at AJU in 1999 — it was then known as the University of Judaism — helped shape its brand of Conservative Judaism as a movement that could be both compassionate and capable of interfacing with the public.
Rabbi Adam Kligfeld, head of Temple Beth Am, a Conservative synagogue in Los Angeles, said hundreds of Ziegler-ordained rabbis and untold numbers of people in their communities have benefited from Artson’s “visionary leadership.”
“His impact is wide and deep and will be felt for a very long time,” Kligfeld said.
In 2024, Artson and Ziegler Vice Dean Rabbi Cheryl Peretz were investigated and cleared by the Conservative movement after they were accused by former students of enabling a toxic culture at the school. A letter from AJU responding to the complaint acknowledged it and pledged “to do better.”
Sanderson, who did not say what the plan was to replace Artson, said that Ziegler students’ response to the news of the dean’s impending departure was mixed.
“I am signaling that we’re going to be looking at things and potentially changing things going forward,” Sanderson said. “So naturally, some of the students were excited, and some of the students were anxious.”
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Columbia University Professor Who Praised Oct. 7 Massacre Still Teaching Zionism Course
Pro-Hamas demonstrators at Columbia University in New York City, US, April 29, 2024. Photo: REUTERS/Caitlin Ochs
Columbia University has retained a professor who celebrated Hamas’s Oct. 7, 2023, massacre across southern Israel — where the Palestinian terrorist group sexually assaulted women and men, kidnapped the elderly, and murdered children in their beds — allowing him to teach a course on the history of the Israeli-Palestinian conflict.
As previously reported by The Algemeiner, Joseph Massad, who teaches modern Arab politics and intellectual history, published an encomium to Hamas in The Electronic Intifada which lauded the Oct. 7 atrocities as “astounding,” “awesome,” “incredible,” and the basis of future assaults on the Jewish state. Additionally, Massad went as far as to exalt the Hamas paragliders who flew into a music festival to slaughter the young people attending it as the “air force of the Palestinian resistance.”
“Perhaps the major achievement of the resistance in the temporary takeover of these settler-colonies is the death blow to any confidence that Israeli colonists had in their military and its ability to protect them,” Massad wrote.
Massad went on to boast that an estimated 300,000 Israelis had been displaced from their homes during the attack while mocking the Biblical story of the Exodus, a foundation stone of the Jewish faith which tells the story of the Jews’ escaping slavery in Egypt.
“Reports promptly emerged that thousands of Israelis were fleeing through the desert on foot to escape the rockets and gunfire, with many still hiding inside settlements more than 24 hours into the resistance offensive,” he continued. “No less awesome were the scenes witnessed by millions of jubilant Arabs who spent the day watching the news, of Palestinian fighters from Gaza breaking through Israel’s prison fence or gliding over it by air.”
According to Columbia University’s website, this academic semester Massad will teach a course titled “Palestinian-Israeli Politics and Society,” which “provides a historical overview of the Zionist-Palestinian conflict to familiarize undergraduates with the background of the current situation.” The class will also go over the history of “the development of Zionism through the current peace process.”
The decision to continue allowing Massad to teach a course on the Israeli-Palestinian conflict comes amid Columbia’s insisting that it is combatting antisemitism and ideological bias in the classroom.
In July, university president Claire Shipman said the institution will hire new coordinators to oversee complaints alleging civil rights violations; facilitate “deeper education on antisemitism” by creating new training programs for students, faculty, and staff; and adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism — a tool that advocates say is necessary for identifying what constitutes antisemitic conduct and speech.
Shipman also announced new partnerships with the Anti-Defamation League (ADL) and other Jewish groups while delivering a major blow to the anti-Zionist movement on campus by vowing never to “recognize or meet with” the infamous organization Columbia University Apartheid Divest (CUAD), a pro-Hamas campus group which had serially disrupted academic life with unauthorized, surprise demonstrations attended by non-students.
“I would also add that making these announcements in no way suggests we are finished with the work,” Shipman continued. “In a recent discussion, a faculty member and I agreed that antisemitism at this institution has existed, perhaps less overtly, for a long while, and the work of dismantling it, especially through education and understanding will take time. It will likely require more reform. But I’m hopeful that in doing this work, as we consider and even debate it, we will start to promote healing and to chart our path forward.”
Columbia University had, until that point, yielded some of the most indelible examples of anti-Jewish hatred in higher education since Hamas’s Oct. 7, 2023, massacre in southern Israel set off explosions of anti-Zionist activity at colleges and universities across the US. Such incidents included a student who proclaimed that Zionist Jews deserve to be murdered and are lucky he is not doing so himself and administrative officials who, outraged at the notion that Jews organized to resist anti-Zionism, participated in a group chat in which each member took turns sharing antisemitic tropes that described Jews as privileged and grafting.
On Tuesday, Columbia again stated its intentions to combat antisemitism and foster intellectual impartiality, saying it has appointed new officials and monitors to oversee its compliance with a $200 million settlement it reached with the federal government, a resolution which returned some $400 million which US President Donald Trump canceled over allegations it had refused to correct the allegedly hostile environment.
That agreement, as told by Secretary of Education Linda McMahon, called for Columbia to “bring viewpoint diversity to their Middle Eastern studies program.”
On Wednesday, Middle East expert and executive director of Scholars for Peace in the Middle East (SPME) Asaf Romirowsky told The Algemeiner that Massad’s remaining on Columbia’s payroll is indicative of the university’s hesitance to enact meaningful and lasting reforms.
“Joseph Massad is a notorious tenured antisemite who has spent his career at Columbia bashing Israel and Zionism, a poster child for BDS and a scholar propagandist activist. Furthermore, he has shown his true colors time and time again defending Hamas and calling the 10/7 barbaric attack on Israel ‘awesome,’” Romirowsky said.
Noting that Columbia’s own antisemitism task force said in a December report that the institution employs few faculty who hold moderate views on the Israeli-Palestinian conflict, he added, “By allowing Massad to continue teaching and spreading his venom, Columbia is only codifying the dearth of knowledge as it relates to the Middle East. It should take the finding of the report and act upon it by getting rid of the tenured radicals they allowed to hijack the institution.”
Follow Dion J. Pierre @DionJPierre.
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Julie Menin wants to be a bridge in the Mamdani era
Julie Menin, the newly-elected speaker of the New York City Council, understands the significance of becoming the first Jew to lead the city’s legislative body.
“We live in a day with the first Muslim mayor of New York City and now the first Jewish speaker of the Council serving at the same time,” Menin, the daughter of a Holocaust survivor, said in her inaugural speech.
In a recent interview, Menin said she views it as a “historic time for the Jewish community” amid rising antisemitism and tension over the Israeli-Palestinian conflict, and believes it is up to her to “bridge divides, as opposed to the kind of divisiveness that we’ve seen.”
When she was officially selected as speaker – the second-most powerful government position in America’s largest city – Rabbi Joseph Potasnik, vice president of the New York Board of Rabbis, remarked, “In medical terms, the word Menin is a protein that suppresses disease. We need more Menin to stop the spread of this disease of hatred.” Potasnik, who is a veteran chaplain of the fire department and was a member of Mamdani’s transition team, called Menin a leader “who knows the way, who shows the way and who goes the way.”
Menin’s leadership and relationship with Mayor Zohran Mamdani will be tested in the coming weeks as he comes under growing scrutiny from New York’s Jewish community over his anti-Zionist worldview and revocation of executive orders tied to antisemitism and pro-Palestinian protests.
Mainstream Jewish leaders see Menin as a check on the mayor and a potential guardrail on his actions. A recent Honan Strategy Group poll of 848 NYC voters found that 39% want Menin to be a check on Mamdani’s agenda, while 38% want her to fully embrace it.
The Menin-Mamdani relationship faces its first test
In her first legislative move, Menin introduced last week a five-point plan to combat antisemitism that includes a bill that would ban protests around entrances and exits of houses of worship; provide$1.25 million in funding to the Museum of Jewish Heritage; and create a hotline to report antisemitic incidents. Mamdani said he broadly supports the package but expressed reservations about the proposal to establish a 100-foot buffer zone around synagogues. A City Hall spokesperson said the mayor would wait for the outcome of a legal review before taking a position.
Mamdani told the Forward on Wednesday he has yet to discuss the specifics of the bill and would veto it if he determines it’s illegal. “I wouldn’t sign any legislation that we find to be outside of the bounds of the law,” he said.
Menin, who has already appeared several times alongside Mamdani — including in a social media clip promoting new public restrooms — said that, given her career as an attorney and her experience serving in a senior role at the New York City Law Department, she would not have introduced legislation that lacks legal standing.
“I feel very confident that the bills that we are going to put forward absolutely meet that legal muster,” she said. Menin declined to say whether she would seek to pass it with a veto-proof majority to get it signed into law, but said that her private conversations with Mamdani on the matter have been productive.
“I feel we’re going to have very broad-based support in the council,” she said. “They do not infringe upon the peaceful right to protest, but they do ensure that both congregants and students can enter and exit their respective facilities without intimidation and harassment. And I look forward to continuing to have productive conversations with the mayor on this topic.”
Menin will also be talking with a powerful group of progressive members, all of whom backed her bid for speaker. The body’s progressive caucus now includes 24 members, two short of a Council majority. The Jewish Caucus, which Menin attended last week, has seven members.
The Council is expected to vote on the set of bills at next month’s meeting.
Menin said passing the plan on an “aggressive and fast timetable” is crucial. “It’s obviously very important to call out antisemitic incidents as soon as they happen,” she said. “But we need far more than words. This is real decisive action to combat antisemitism.”
Fighting antisemitism and hate
Menin said she has a record of confronting antisemitism in public life.
When she was first elected to the City Council in 2021 — after serving as the city’s census czar during the 2020 count — she devoted her first town hall meeting to the issue. The virtual forum, attended by hundreds of constituents, brought together antisemitism experts and law enforcement officials to discuss how to report and prevent hate crimes. The meeting followed two incidents in her Upper East Side district. One involved a social media post by a popular comedy club that likened COVID-19 vaccination mandates to the Holocaust. Menin’s condemnation prompted a defamation lawsuit against her, which was dismissed. The other was the discovery of a swastika stamped on a $100 bill withdrawn from an ATM by a local woman.
Menin stressed the need to build relationships with other faith communities and “take the temperature and the rhetoric down” by focusing on “our commonality of spirit, not the differences.”
When she served as chair of the Community Board 1 in the 2000s, Menin supported the Islamic Cultural Center near Ground Zero, despite facing significant opposition and death threats. Menin mentioned in the interview a Muslim high school student in her district who formed a Muslim-Jewish club with a Jewish best friend after the Oct. 7, 2023 Hamas attack on Israel as an example of shared values.
Menin said she will continue the tradition of leading a City Council mission to Israel during her tenure, a contentious issue in recent city elections. In 2021, the Democratic Socialists of America local chapter required candidates who sought their endorsement to pledge not to travel on a sponsored trip to Israel. Her predecessor, Adrienne Adams, was the first speaker to break that tradition, in 2022, citing budget negotiations.
Favorite dish at the Shabbat table
Menin is an active member of Central Synagogue, a Reform congregation in Midtown Manhattan.
Her mother, Agnes Jacobs, and grandmother survived the Holocaust hiding in a cellar in Hungary, and her grandfather was killed. They first lived in Sydney, Australia for 6 years and then settled in a rent-controlled apartment in New York City’s neighborhood of Yorkville, known as “Little Hungary.”
Her favorite dish on the Friday night dinner table is palaschinta, a Hungarian crepe, using the toppings her grandfather liked — apricot jam and walnuts, and layered with chocolate.
Her bagel choice: sesame with scallion cream cheese.
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