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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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With anti-Arab campaign ad, Netanyahu stoops to new moral and political lows

Israeli election campaigns have often been ugly. They have featured exaggeration, fearmongering and outright deception. But even by those standards, the first major campaign advertisement by Prime Minister Benjamin Netanyahu’s Likud party, posted on Netanyahu’s X account on Tuesday, managed to shock much of the country.

The AI-generated video depicts former military chief Gadi Eisenkot, who has become the standard-bearer for the opposition, walking through a sunlit field toward a young Jewish man before passing him by to embrace Mansour Abbas of Ra’am, the United Arab List, instead.

The young man looks strikingly like Eisenkot’s son, Gal, who was killed fighting in Gaza in late 2023 — although Likud insists he isn’t meant to. Strictly speaking, there is enough difference to sustain the protestations. The young man has longer, wavier hair than Gal Eisenkot did — just enough, perhaps, to preserve plausible deniability. Yet almost everyone I know believed they were watching a father joyfully approaching his slain son, seemingly restored to life, only to ignore him in favor of an Arab political leader at a time when Arab political participation in Israel is particularly contentious.

The only possible explanation: Likud wants their campaign to be as mean as possible. Or perhaps that they believe that anything that creates a buzz — and therefore distracts from the governing coalition’s disastrous and controversial policies, including a wildly unpopular recent legislative blitz — is a good thing.

And buzz there is. The perception that a father’s personal loss had been weaponized for electoral gain struck many as a line that simply should not be crossed. “This is Netanyahu, and this is his machine of incitement”, wrote Einav Zangauker, whose son was held hostage in Gaza by Hamas, on social media. “This isn’t politics,” Zangauker added, but rather “an attack on a bereaved father and an assault on his dignity. It is the lowest of the low.”

“I turn to elected representatives, activists, and all candidates from all parties, and demand that you do not cross red lines. Do not turn rivals into enemies,” Israeli President Isaac Herzog said. “I call on the people of Israel, in a clear voice: Remember that elections are not a civil war.”

But even if one puts aside the controversy surrounding the young man altogether, the advertisement remains deeply troubling. It is, at its core, an exercise in incitement against Ra’am — and, by extension, against the very idea that Arab citizens may legitimately participate in governing Israel.

Abbas himself accused Netanyahu of “trying to incite between different parts of society”; about a fifth of Israelis are Arab, and the ad was obviously trying to delegitimize collaboration with the parties who generally represent them.

From Likud’s perspective, that too is logical — so long as they ignore the goal of Israel remaining a democratic country in which component ethnic groups live in harmony. It’s logical because Arab parties have always been part of the opposition to Likud and the chances are high that Eisenkot might need them, even passively, to successfully craft a coalition after the Oct. 27 election.

This isn’t just dangerous. It ignores the essential role that Arab parties have played in building toward a strong Israeli future.

Ra’am, under Abbas, has been the most integrationist Arab party Israel has ever seen. Abbas broke with decades of Arab political orthodoxy by arguing that Arab citizens should seek influence through practical cooperation with whichever Zionist government Israelis elected. He has repeatedly recognized Israel as the nation-state of the Jewish people while demanding full equality for its Arab citizens.

Whatever one thinks of his politics, these choices have represented one of the boldest experiments in Jewish-Arab partnership since the state’s founding.

That experiment briefly succeeded. Ra’am joined Naftali Bennett and Yair Lapid’s coalition in 2021 and demonstrated that Arab participation in government could become something ordinary rather than revolutionary.

More awkward still for Likud, Netanyahu himself spent some weeks after the 2021 election attempting to persuade Abbas to support — or even participate in — his own coalition. Those negotiations failed for one principal reason: Far-right firebrand Bezalel Smotrich — now Netanyahu’s finance minister — refused to countenance a government dependent on an Arab party. Without Ra’am, Netanyahu lacked a majority.

It is therefore surreal to portray Eisenkot’s willingness to work with Ra’am as somehow beyond the democratic pale, when not so long ago, Netanyahu himself tried to do precisely the same thing.

Nor should anyone pretend that Arab parties suddenly became relevant because of Eisenkot. Since the emergence of today’s political blocs, Arab parties have almost invariably belonged to the anti-Likud camp. Any center-left coalition aspiring to govern has depended, directly or indirectly, on their parliamentary support. That is not a distortion of Israeli democracy. It is one of its enduring structural realities.

Which brings us to the larger significance of this episode.

Many Israelis have long predicted that this Likud campaign would barely concern policy at all. They expected, instead, an effort to delegitimize any prospective change government by portraying it as illegitimate because it relied on Arab parties. They expected renewed attempts to cast Arab political participation as inherently suspect. They expected emotional manipulation to substitute for argument and personal attacks to eclipse serious debate. Some feared renewed efforts to discourage Arab turnout and disqualify Arab parties from the ballot.

That appears to be exactly what they’re getting.

The remarkable thing is not merely that Likud produced this advertisement, but that doing so was effectively its first act of the campaign, which kicked off after the Knesset recently went into recess.

Before voters had heard competing visions for Israel’s economy, security or diplomacy, the country’s governing party chose to launch its campaign by inflaming fears about Arab political participation while employing imagery that countless Israelis immediately interpreted as mocking one father’s unbearable personal loss.

By the next day, competing ads using a similar aesthetic were put out by opponents of Netanyahu. One depicted Netanyahu on a similar field running past a soldier to hug a Haredi politician holding a sign that says — as many Haredi anti-draft protesters chant — “we’d rather die than serve.”

One reason AI is so attractive to political strategists is because it blurs responsibility. Images can be carefully engineered to evoke a conclusion while remaining just different enough to deny that such a conclusion was ever the intention. The technology offers something every spin doctor craves: emotional impact coupled with plausible deniability.

“I do not think we can allow this to continue,” lamented David Lau, a former chief rabbi of Israel, who has served in the military. “We must stop all these disputes, all this talk, and all these behaviors. This path does not lead to building anything. It does not lead to peace. It is a bad path, and I am even more concerned about the next generation.”

It is entirely possible that this advertisement will prove to have established the moral tone of the campaign. Israel deserves better.

The post With anti-Arab campaign ad, Netanyahu stoops to new moral and political lows appeared first on The Forward.

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Reed College agrees to sweeping reforms as part of Title VI antisemitism settlement

(JTA) — Reed College has agreed to a host of far-reaching institutional changes, including asserting that targeting Jewish Zionists will be considered discriminatory, in order to settle multiple federal antisemitism investigations, parties to the complaint announced Wednesday.

The settlement was announced by the Anti-Defamation League and the Brandeis Center for Human Rights Under Law, which jointly filed the complaint, under Title VI of the Civil Rights Act, which prohibits discrimination at any institution receiving federal funds. It comes as campuses across the country, facing threats of losing federal funding under the Trump administration, have demonstrated willingness to negotiate new antisemitism protections.

As part of the agreement, the private Portland, Oregon, liberal arts school says it will insert language into its discrimination policy asserting that “for many Jewish people, Zionism is integral to their religious, ancestral and/or ethnic Jewish identity,” and that “targeting Jews on the basis of their Zionist identity” will be considered discriminatory.

The school will also contract a third-party consultant to monitor and report on its effectiveness in adhering to antisemitism protections, role that is unusual in similar Title VI agreements. The agreement says Reed will “consider” the International Holocaust Remembrance Association’s working definition of antisemitism, which includes some criticisms of Israel, and implement antisemitism training for faculty and staff.

“We take concerns about antisemitism, and all forms of unlawful discrimination, seriously, and we will continue to support the well-being, safety, and success of every member of our community,” a Reed College spokesperson told the Jewish Telegraphic Agency in a statement acknowledging the agreement. Reed declined to comment further.

ADL CEO Jonathan Greenblatt and Brandeis Center officials praised the agreement in a release as a potential model for other colleges.

“We believe it should serve as a model for other schools,” Denise Katz-Prober, director of legal initiatives at the Brandeis Center, told JTA about the agreement. The required language in Reed’s discrimination guidelines, she said, is “very clear about what constitutes anti-Zionist conduct in violation of civil rights and in violation of the policy.”

“This outcome demonstrates how the Title VI process can work to effectively protect Jewish students,” Greenblatt said in his own statement.

Around 100 students at Reed College are Jewish, or about 7% of the total student body, according to estimates from Hillel International. A request for comment to the director of PDX Hillel, which serves Jewish students at Reed and others in the region, was not immediately returned.

The resolution stems from two anonymous Title VI antisemitism complaints from Jewish former Reed students, both filed in 2024 under the Biden administration. One of those cases related to a student whose dorm-room mezuzah was vandalized, and who herself was later pelted with rocks, during a pro-Palestinian demonstration in spring 2024. The student later left the school out of concern for her safety.

Both of the described acts would have already been considered violations of school policy for reasons unrelated to the student’s Jewish or Zionist identity. Brandeis’s Katz-Prober argued both should have also been considered in the context of her targeting by anti-Zionist activists.

“It might be difficult for someone to, at first glance, understand whether it was simply an assault or an assault motivated by bias,” she said. The case, she said, demonstrated how in some cases, “‘Zionist’ is merely a codeword for Jew.”

Katz-Prober also touted the agreement’s mandate that the school bring on a third-party compliance consultant, separate from its Title VI coordinator. While she insisted that such a role would be “independent” and free of bias, she noted that both the ADL and the Brandeis Center would have a role in their selection.

“Both sides get a say,” she said.

 

The post Reed College agrees to sweeping reforms as part of Title VI antisemitism settlement appeared first on The Forward.

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Arizona Rep. Andy Biggs cruises to GOP nomination for governor amid allegations of antisemitism

(JTA) — Arizona Rep. Andy Biggs, who has drawn criticism for ties to white nationalist figures, will officially be the Republican nominee for Arizona governor, after winning the primary on Tuesday night.

Biggs, who is backed by President Donald Trump, has drawn criticism for encouraging Stew Peters, an internet personality, and appearing on his show. Peters has labeled Judaism a “death cult” and has called for a “final solution” that involves the deportation of American Jews, and multiple watchdogs identify him as promoting antisemitism.

“Keep preaching,” Biggs told Peters at the end of his June 2023 appearance on the show, during which they discussed government corruption and Biggs agreed with Peters that the FBI should be abolished.

Biggs, 67, who won handily with 73.4% of votes according to multiple media outlets, will challenge Democratic Gov. Katie Hobbs in what is expected to be a competitive race in November. Biggs has represented Arizona’s 5th Congressional District, which is outside of Phoenix, since 2017.

 

 

His opponent in the GOP primary, Rep. David Schweikert, had put out a campaign mailer in March tying Biggs to white supremacy and antisemitism. The mailer featured mentions of Biggs’ interview with Peters as well as Biggs’ endorsement of Texas GOP candidate Brandon Herrera, who owned a copy of “Mein Kampf.”

Biggs’ campaign did not respond to the Jewish Telegraphic Agency’s request for comment, but in a local TV interview last month he called the accusations politically motivated and said, “This notion that I am antisemitic is absolutely one of the most ludicrous, insane arguments ever.”

In 2024, Biggs opposed the bipartisan Antisemitism Awareness Act, which passed in the House of Representatives. Biggs wrote that he opposes antisemitism and that the “pro-Hamas, pro-genocide, anti-Israel events happening across the nation are sickening.” He rejected the legislation, he said, because it was “so poorly drafted that it violates the Constitution and could have serious ramifications for the Christian community.” Right wing Republicans objected especially to the bill citing a definition of antisemitism that included as an example the claim that the Jews killed Jesus.

That same year, Biggs attended a rally co-sponsored by the Proud Boys, an extremist militia style group. In 2019, he spoke at a “Patriotism over Socialism” rally in Arizona, which watchdogs warned would draw extremist groups.

Media Matters, a group that mostly monitors right-wing groups, in 2023 wrote that “the links between Biggs and far-right extremists have been well-documented,” citing among other things his ties to another far-right group, the Oath Keepers.

The Republican Jewish Coalition did not respond to a question over whether it would support Biggs’ run for governor.

At a campaign event on Tuesday, Hobbs skewered Biggs for his denial of Trump’s 2020 election loss, and for not acknowledging Hobbs’ narrow 2022 gubernatorial victory over Republican Kari Lake.

This article originally appeared on JTA.org.

The post Arizona Rep. Andy Biggs cruises to GOP nomination for governor amid allegations of antisemitism appeared first on The Forward.

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