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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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AIPAC couldn’t stop Michigan’s El-Sayed in the primary. Now it’s trying again.
AIPAC’s super PAC has re-entered Michigan’s closely watched U.S. Senate race less than a month before the general election, spending nearly $100,000 on mailers attacking Abdul El-Sayed, despite earlier concerns by allies of his Republican opponent, Mike Rogers, that it would boost the Democratic nominee.
The spending of $94,620 by United Democracy Project (UDP) on direct mailers was disclosed in a Friday campaign finance filing. It comes after Rogers publicly welcomed AIPAC’s support during a televised debate last week, reversing the position initially taken by people close to his campaign who worried the pro-Israel group’s involvement could hurt his chances.
A spokesperson for the group told Jewish Insider that the mailers target 130,000 identified Jewish voters in the swing state. It focuses on El-Sayed’s response to an attack on Temple Israel in West Bloomfield earlier this year. El-Sayed drew criticism for saying “hurt people hurt people” when discussing the attacker, whose brother was reportedly a Hezbollah commander killed in an airstrike on Lebanon. El-Sayed later apologized, saying he had been trying to provide broader context for the attack.
UDP spent more than $30 million trying to defeat El-Sayed in the Democratic primary this summer and in support of Rep. Haley Stevens, who lost by about one percentage point.
Following the primary, allies of the Republican nominee reportedly asked AIPAC not to run ads to boost him, fearing that the group’s involvement would give El-Sayed the same political foil that helped him overcome its massive spending in the primary. Axios reported that AIPAC officials didn’t take that rejection easily.
But Rogers appeared to change course last Thursday when asked whether he’d welcome AIPAC’s support.
“Anybody that wants to help my campaign stop a guy who can’t condemn terrorism in our own country because he’s so close to the people who are supporting the Muslim Brotherhood, again, I’ll take all of that help,” Rogers said at Thursday’s televised debate. El-Sayed interrupted to say he had condemned terrorism.
A new super PAC, Together for Michigan, aired an ad during the debate featuring Taylor Weintraub, whose child attends the Temple Israel preschool that was attacked in March.
Rogers went further on Friday at a campaign event with Sen. John Kennedy of Louisiana, accusing El-Sayed of being “so anti-Jewish” that a single mailer had upset him. Rogers said he welcomed help from Jewish supporters seeking to defeat his opponent. Kennedy also attacked El-Sayed, saying AIPAC would not be involved in the race if the Democrat did not “sleep in a Bin Laden jersey.”
El-Sayed, an Israel critic who has made opposition to AIPAC a central part of his campaign, responded by accusing Rogers of desperation. “You know Mike Rogers is in trouble when he begs AIPAC to start spending against me,” he wrote on X.
Some Jewish Democrats are publicly supporting Rogers, saying El-Sayed has failed to assuage concerns in his outreach to Jewish voters and in campaign appearances in recent months. If elected, El-Sayed would become the first Muslim member of the U.S. Senate.
Recent polls show El-Sayed with a narrow lead in the race to replace retiring Democratic Sen. Gary Peters. Recent elections in Michigan have been decided by narrow margins. Trump won the swing state in 2024 by about 80,000 votes, while Democratic incumbent Elissa Slotkin defeated Rogers in the Senate race that year by fewer than 20,000 votes. Four years earlier, Joe Biden won Michigan by about 2.8 percentage points.
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In Israel’s election, Netanyahu faces a reckoning over Oct. 7 failure
With barely two weeks remaining before Israel’s Oct. 27 election, the country has been consumed by an extraordinary confrontation between Prime Minister Benjamin Netanyahu and senior former aides over what he knew before the Hamas massacre of Oct. 7, 2023, what he did with that knowledge and whether his office subsequently sought to rewrite the historical record.
The immediate catalyst was a bombshell television interview in recent days with Maj. Gen. (res.) Avi Gil, Netanyahu’s former military secretary, who served alongside him before and during the attack that killed approximately 1,200 people and saw 251 taken hostage. Gil had remained largely silent for three years, expecting to present his evidence to a state commission of inquiry. But with Netanyahu blocking such an inquiry, amid transparent scheming to deflect blame, Gil decided to speak publicly.
What he described went considerably beyond the failures of intelligence and military preparedness that have already been extensively documented. Gil accused Netanyahu’s office of attempting to falsify an official record from the morning of the attack. He challenged the prime minister’s account of early warnings he received. He confirmed that Netanyahu rejected recommendations for preventive military operations against Hamas. And he described how political considerations influenced decisions over hostage negotiations, potentially prolonging the captivity of people who could have been brought home earlier – and alive.
His testimony is particularly consequential because it directly challenges a 55-page document Netanyahu released in February, presenting his version of the events preceding Oct. 7. Submitted to Israel’s state comptroller, the document portrayed Netanyahu as having repeatedly advocated tougher action against Hamas while security officials underestimated the threat. It has become central to his defense against accusations that his longstanding policy of containing Hamas helped create the conditions for the catastrophe.
Gil, who attended the relevant meetings and recorded his experiences in 16 notebooks, described the published document as a profoundly incomplete and misleading account, containing lies and half-truths. It failed to reflect even half of what he witnessed.
A separate investigation published Friday by Yedioth Ahronoth, comparing Netanyahu’s account with original records of security deliberations, reported significant omissions and distortions, including instances in which Netanyahu allegedly rejected proposals to target Hamas leaders that his February document presented as initiatives of his own.
Most explosive was Gil’s account of an alleged attempt by Netanyahu’s then-chief of staff, Tzachi Braverman, to change the official time of a telephone conversation on Oct. 7 from 6:40 a.m. to 6:29 a.m. Moving the time backward could create the impression that Netanyahu had been issuing instructions from the first moments of the assault. Gil said a stenographer told him she had been instructed to alter the record, prompting him to notify the attorney general.
Nitzan Alon, another retired general who headed the government’s hostage release operation, and took part in negotiations throughout much of the war, also told reporters that “it was possible to end the war a year earlier” and save the lives of numerous hostages who eventually died in captivity.
Another remarkable confrontation involves Ronen Bar, the former head of the Shin Bet domestic security agency, whom Netanyahu has repeatedly blamed for the failures of Oct. 7. In late September, Bar announced plans to sue Netanyahu for defamation, accusing him of conducting a campaign of false allegations about his conduct before the massacre. Bar said he had warned Netanyahu about a looming security disaster and demanded disclosure of the original records of security meetings, communications and warnings, including the prime minister’s contacts with foreign officials.
Those demands have acquired additional significance amid reports that senior officials from Egypt and the United Arab Emirates warned Netanyahu about Hamas preparations shortly before the attack. Netanyahu categorically denies receiving such warnings and has threatened legal action over the reporting.
Gil’s revelations arrived alongside another striking intervention from a former Netanyahu confidant. Yoav Horowitz, , once Netanyahu’s chief of staff and director-general of the Prime Minister’s Office, told Kan’s Reshet Bet radio last week that he had gradually come to understand that Netanyahu’s decisions were driven primarily by considerations of personal political survival rather than the national interest.
Now a senior aide to leading opposition figure Gadi Eisenkot, Horowitz attributed that transformation to the corrosive effects of prolonged power, observing that “too much time in power corrupts,” and framed the approaching election as being about saving the country.
Horowitz now heads the team preparing its first 100 days in government. His criticism therefore comes from a former trusted aide who has become an active political opponent, adding another dimension to the dispute over Netanyahu’s leadership.
The question of political survival also figured prominently in Gil’s account of the hostage negotiations. Asked whether coalition pressures had influenced decisions that delayed agreements to free hostages, Gil said some hostages could have returned earlier and that political calculations had played a role in the decisions that kept them in captivity.
Netanyahu has rejected Gil’s allegations, and his Likud party has characterized the latest revelations as politically motivated propaganda. Netanyahu and his supporters maintain that senior security officials failed to recognize the imminent danger.
The country is still struggling to establish a common factual account of its most traumatic day in decades, while the officials who participated in the crucial decisions offer sharply conflicting versions of what happened. Meanwhile, the families of those killed on Oct. 7, survivors of the massacre and former hostages continue demanding answers about the decisions that shaped their lives.
The public appetite for an inquiry into the disaster is overwhelming. A September 2025 survey by the Israel Democracy Institute found that 74 percent of Israelis supported establishing a state commission of inquiry, including 68 percent of Jewish respondents identifying with the political right. A subsequent survey conducted in February 2026 found that 92 percent of Israelis considered it important to investigate the events.
The absence of such an inquiry has left journalists, former officials, politicians and bereaved families conducting an increasingly contentious public investigation of their own. Documents appear selectively, witnesses offer competing recollections, and allegations that might otherwise be tested through sworn testimony and access to classified evidence become weapons in an election campaign. With spiraling suspicions being leveled at Netanyahu, the election will take place amid unresolved questions – and a rage that grows more toxic by the day.
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Archaeologists uncover a 300-meter section of ancient aqueduct in Jerusalem
(JTA) — JERUSALEM — Israeli archaeologists have uncovered a 300-meter (984-foot) section of Jerusalem’s ancient Lower Aqueduct, providing another window into how engineers about 2,000 years ago ensured that the city would have an adequate supply of water for residents and pilgrims.
The Israel Antiquities Authority (IAA) began the dig three months ago in advance of the planned construction of a new neighborhood in East Jerusalem, at the city’s edge. Such “salvage excavations” are often carried out prior to major construction projects in Israel to ensure that any ruins discovered at the site can be mapped and protected even if they aren’t excavated at the time.
Believed to have been built in the Hasmonean period in the second and first centuries B.C.E., this engineering system carried spring water from the Gush Etzion region of the West Bank, through Solomon’s Pools south of Bethlehem, to Jerusalem and the Temple Mount. It remained in intermittent use until the early 20th century.
Although parts of the aqueduct have been uncovered in previous excavations, this is the first time such a large section will be made permanently accessible to the public, Benyamin Storchan, an IAA archaeologist and the excavation’s co-director, told the Jewish Telegraphic Authority.
Based on earlier discoveries and a wide range of research, archaeologists had strongly suspected where the newly uncovered section was located.
“We were able to work with municipal urban planners to ensure that the shape of the new neighborhood will be determined not only by its natural topography, but based on the antiquities found there,” Storchan said.
The aqueduct, the discovery of which was made public on Sunday, will be preserved as a promenade/archaeological park at the entrance to the future neighborhood by the IAA and Israel Land Authority.
Bringing Water to Jerusalem
Before the aqueduct was built, the landlocked city of Jerusalem relied on the Gihon Spring and rainfall runoff for its entire water supply, Storchan said. Under Hasmonean rule, Jerusalem’s population grew and the need for water increased. That was especially true during Jewish festival times, when pilgrims doubled or even tripled the population.
The solution involved transporting water from springs in the Gush Etzion region, a hilly area more than 800 meters above sea level. Spring water had to be channeled to collection areas, and then toward Solomon’s Pools, an extensive water-storage complex built south of Bethlehem. From there, two major aqueducts, the Lower Aqueduct and the Upper Aqueduct, carried water toward Jerusalem – a distance of more than 20 kilometers (12 miles).
The Lower Aqueduct, which appears to predate the Upper Aqueduct, “is an engineering marvel,” Amit Re’em, the IAA’s Jerusalem district archaeologist, said in a press statement. “Even today, with all our modern technology, building such a system would require extensive planning and effort. The thought that, about 2,000 years ago, they managed to bring water to Jerusalem this way is astonishing.”
Its route had to follow the contours of the rugged topography while maintaining a gentle gradient for the water to flow by gravity alone, without mechanical pumps. Along most of its route, the water dropped just one meter in elevation per kilometer.
“The newly exposed section reveals the various stages in the history of the water system,” the IAA said. “Initially, the water flowed in a built, plastered channel. Then, about 500 years ago, during the Ottoman period, ceramic pipes were installed within the original channel, the outer face of the aqueduct wall was plastered and small stones were pressed into the plaster while still wet.”
Used for about 2,000 Years
One of the aqueduct’s most remarkable characteristics was its longevity. Believed to be constructed during the Hasmonean period, it was repaired and reused through successive eras, including the Roman, Byzantine, Umayyad, Crusader, Mamluk and Ottoman periods.
The fact that various kingdoms and rulers decided to repair and not replace the water system “is one of the most fascinating parts,” Storchan said of the waterway. Rather than repurposing an older structure for a different use, successive rulers retained the aqueduct’s original purpose.”, “here we see a single installation being reused again and again for its original function.”
The aqueduct was used until about a century ago, when modern water infrastructure, including electric pumping stations, proved more efficient. Its long history of repairs, however, complicates archaeological dating, Storchan said. Those who repaired it over the millennia added plaster, repaired collapsed sections and modified the channel, sometimes obscuring evidence of the original construction.
Utilizing modern technology
Still, the latest excavation gives researchers an opportunity to reexamine longstanding questions with advances in scientific dating methods.
“Today, technology is more advanced than it was then. We’re working with all kinds of specialists to pinpoint the dating of the original construction,” Storchan said.
One such method is optically stimulated luminescence (OSL), which can estimate when mineral grains in sediment were last exposed to sunlight. Combined with the analysis of mortar, plaster and archaeological layers, the technique may help narrow the dates associated with different stages of the system’s development.
For Storchan and his colleagues, every new insight is a cause for celebration.
“Our job as archaeologists,” he said, “is to fill in another piece of the puzzle.”
This article originally appeared on JTA.org.
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