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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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Synagogue attacks were part of massive ISIS-inspired plot last week, FBI says
(JTA) — A 21-year-old man from Valencia, Pennsylvania, suggested poisoning food in synagogues as part of a mass attack in support of the Islamic State group last week, according to the FBI.
The suspect, Jonathan Kramer, said in an online forum using the pseudonym “Hamza Al Rashid” that “i wish to inject ricin or cyanide into places such as grocery stores inside water/food with a syringe, or going to food events, preferably synagogues and putting the chemicals in their food and drink…,” according to a sworn FBI affidavit.
The prospective poisoning was part of a broader plot of mass violence that included “repeated attempts to encourage and coordinate violence through encrypted platforms, such as advising others on attack methods, discussing chemical poisons, arson, vehicle attacks, drone delivery explosives and firearm based assaults,” FBI Special Agent in Charge Richard Evanchec said at a press conference last week.
The Jewish Federation of Greater Pittsburgh said in a security update on Friday that no synagogue had been specified by the FBI. , “We are in close contact with our law enforcement partners and federal prosecutors, and if we learn of anything concerning, we will share that immediately,” the organization noted.
Assistant Attorney General for National Security John Eisenberg announced last Tuesday that Kramer was “preparing for a mass shooting that could have taken many lives, having already secured a rifle and approximately 190 rounds of ammunition for what he called his ‘mission.”
Efforts to reach Kramer’s public defender Jake Morrison were unsuccessful.
FBI agents arrested Kramer in a hotel parking lot in Cranberry, Pennsylvania, the Justice Department said. They seized a semiautomatic rifle, five rifle magazines, a rifle bipod and scope, a total of 190 rounds of rifle ammunition and about 30 knives following a search of him, his house and his hotel room.
Kramer was charged with receiving a firearm and ammunition believing they would be used to commit terrorism. He appeared in court last Wednesday to waive a preliminary hearing, according to CBS News. A court date has not been set for Kramer’s next proceedings, the network reported.
Kramer had been on the FBI’s radar since 2023, when he was charged by Pennsylvania state authorities “for his role in a plot to commit a mass casualty incident” and sent to a juvenile detention facility, FBI special agent Gregory Battaglia said in a sworn affidavit.
Nearly eight years ago, 11 worshippers were killed at Pittsburgh’s Tree of Life synagogue in the deadliest antisemitic attack in U.S. history.
This article originally appeared on JTA.org.
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Proposed U.S. $24.3 billion sale of F-35 fighter jets to Saudi Arabia advances
(JTA) — The State Department has approved a possible $24.3 billion sale of 48 F-35 fighter jets to Saudi Arabia — a move that would make the kingdom the second Middle Eastern country after Israel to have the world’s most powerful combat aircraft.
“This proposed sale will support the foreign policy and national security objectives of the United States by improving the security of a major non-NATO ally,” the department said in a statement.
Israel wants the sale attached to a normalization deal with Saudi Arabia, but that doesn’t appear to be on the horizon. However, there is a small chance that Congress could keep the sale from happening.
When President Donald Trump first confirmed that he was considering the sale last November, Israeli officials told Axios that while they don’t oppose the sale itself, they wanted it “to be subject to Saudi normalization with Israel.”
Although Israeli Prime Minister Benjamin Netanyahu reportedly brushed off the deal’s significance last fall, a security source at the time warned on CNN that the possibility of Saudi Arabia acquiring “the same capabilities” as Israel was “very concerning.”
The prime minister was more vocal in his opposition to a July announcement from Trump that he was weighing selling the advanced jets to Turkey as well, telling CNN that Turkish President Recep Tayyip Erdogan is “not exactly a model ally of the United States.”
Israel has already purchased 50 F-35 jets, in two procurement rounds that occurred in 2016 and in 2017, according to the Israeli Defense Ministry. However, local media reports indicate that two of the 50 have yet to arrive, meaning that just 48 are on the ground – the same number of planes that the State Department has approved for Saudi Arabia’s potential purchase.
Israel would have many more F-35s than Saudi Arabia for the time being, because its Defense Ministry announced in 2024 that it would be procuring 25 more of the planes, slated to begin arriving in 2028. Earlier this year, the Defense Ministry revealed that it would be procuring yet another squadron of the jets, although the quantity remained unclear.
Congressional approval is not assured; wariness of the Saudi regime, stemming in part from the state-sanctioned 2018 murder of a U.S.-based journalist in Turkey, crosses party lines.
The U.S. Arms Export Control Act requires the executive branch of the government to notify Congress regarding major defense equipment sales to most countries. Congress can then deem a country ineligible to participate in a sale through a joint resolution. The president can then veto the resolution, which Congress would need a two-thirds supermajority to override.
Additionally, U.S. law requires the president to ensure that Israel maintains “a qualitative military edge over military threats” when considering arms sales to other Middle Eastern countries. Israel, per the law, must be able “to counter and defeat any credible conventional military threat” from both other nations and “non-state actors.”
“The proposed sale of this equipment and support will not alter the military balance in the region,” the State Department said on Thursday. It called Saudi Arabia “a force for political stability and economic progress in the Gulf region,” adding that the sale would help “deter current and future threats by strengthening its homeland defense.”
The department maintained that not only would the sale improve Saudi Arabia’s defense capabilities, but it would also boost “interoperability” with both U.S. forces and other players from NATO and the region.
As for the potential deal’s logistics, Saudi Arabia has requested 48 of Lockheed Martin’s F-35 Lightning II Joint Strike Fighter Jets, as well as 49 Pratt & Whitney engines, according to the State Department.
The kingdom is also seeking to acquire other non-major defense equipment, such as cryptographic devices, precision navigation, secure communications, simple key loaders and support for electronic warfare databases, maintenance and personnel training.
Producing and delivering these planes can take many years.
Meanwhile, just a day before Trump’s announcement, The New York Times surfaced intelligence concerns that China could acquire F-35 technology by spying on Saudi Arabia or through its partnerships with the kingdom.
U.S. House Rep. Raja Krishnamoorthi, a Democrat from Illinois, warned in a statement on X that “Beijing has spent decades stealing American intellectual property” and that this deal could “help them do it.”
“Our own intelligence community is warning that it could put the crown jewels of American military technology within reach of the Chinese Communist Party,” Krishnamoorthi added.
The Biden administration reportedly ended a past F-35 deal with the United Arab Emirates — secured by the first Trump administration — due to similar concerns about the country’s connections to China, as well as to Russia.
This article originally appeared on JTA.org.
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After outcry, Texas lieutenant governor says schools should teach Holocaust books ‘Night,’ ‘Anne Frank’
(JTA) — The lieutenant governor of Texas says his recent call for the state’s public schools to remove “over 2,000 titles” of “dirty, filthy and vulgar books” was not meant to include books about the Holocaust.
Dan Patrick’s statement, provided exclusively to the Jewish Telegraphic Agency on Friday, comes after a month of confusion following a press conference in which he and a conservative Christian activist threatened schools with potential loss of state funding if they did not comply with his directive to purge their libraries.
“I believe Texas students must learn about the Holocaust, and that includes reading books such as ‘Night’ by Elie Wiesel, ‘The Diary of Anne Frank,’ and other books about the Holocaust,” Patrick told JTA, singling out two books on the removal list he had promoted – one of which, “Night,” that he previously explicitly called for removal from middle schools.
Patrick added that his initiative was “focused on age-inappropriate, sexually explicit books in public school libraries across Texas.” At his earlier press conference, he had directed viewers to an online list compiled by an activist group that features several books about the Holocaust and Jewish identity.
Patrick’s threats have teeth. In Texas, lieutenant governors are more powerful than in many other states, playing central roles in shaping the budget and determining the legislative agenda.
Patrick also appeared to walk back some of the harsher proclamations from his Aug. 19 press conference, at which the Republican had stated, “We’re coming for the books.”
“As the law states, local communities have the right to make their own decisions about their public school libraries,” he told JTA Friday.
The lieutenant governor, who is up for reelection this fall, appeared at the conference with Bonnie Wallace, the head of the activist group Recover America, and told viewers to “go to RecoverAmerica.com.” That group has circulated a list of more than 2,100 “Harmful Books in Libraries.” Its list, which it describes as “books with harmful, sexually explicit, and vulgar content,” includes more than a dozen titles of particular import to Jewish readers.
Recover America’s flagged books include both volumes of Art Spiegelman’s “Maus,” a comic-book adaptation of Frank’s diary and Bernard Malamud’s novel of a blood libel “The Fixer” — all books that have been removed from school districts in Texas and other states in the past amid broader conservative-led library culture wars. In some cases those books were restored to the districts following public outcry, but spurred deeper dialogue about the state of Holocaust education and antisemitism awareness in public schools.
Patrick’s latest push would go much further than a handful of districts, affecting the more than 5.5 million students in public schools across the state.
One book of particular contention on Recover America’s list was “Night,” Elie Wiesel’s bestselling memoir of surviving Auschwitz and Buchenwald, which has been taught in schools for decades. After a Houston Chronicle story noted the book’s inclusion on the Recover America “harmful” list, Patrick initially doubled down on “Night,” saying that it was not appropriate for middle schools owing to its “violence.”
“If ‘Night,’ by Elie Wiesel, were made into a movie, it would likely be rated R,” Patrick wrote on the social network X on Aug. 26. “‘Night,’ which includes depictions of graphic violence and the machine-gunning of babies, should not be available to sixth graders in middle-school libraries. High school is more age-appropriate.”
His tweet appeared to contradict the state’s own K-12 required reading list, passed this summer, which mandates that “Night” be taught in the eighth grade beginning in 2030.
Now, in response to questions from JTA, the lieutenant governor said he would defer to the Texas State Board of Education on the appropriate grade to teach “Night.”
“The State Board of Education decides the appropriate grade level for books and will determine whether ‘Night,’ by Elie Wiesel, is at the appropriate grade level,” Patrick told JTA in his statement.
He continued to insist that books in schools should be held to “FCC standards,” referring to the Federal Communications Commission, an agency that governs broadcasting content and does not regulate publishing.
The head of the Texas Holocaust, Genocide and Antisemitism Advisory Commission, a governor-appointed panel which advised the state on the inclusion of “Night” and other Holocaust texts on its required reading list, did not return a JTA request for comment.
In a statement, the Texas Educational Authority, which drafted the required-reading list, told JTA, “When Texas students learn about the Holocaust, they will be exposed to the horrors of the Holocaust. That is why the SBOE placed the book in 8th Grade to ensure age appropriateness for students.”
At the Emmys this week, when “The Librarians,” a documentary about librarians facing book removal threats, won an award, retired Texas librarian Carolyn Foote joined the producers on the stage and held up a copy of “Night” in protest.
“I felt like it was very symbolic to bring ‘Night,’” Foote, a subject of the film and a co-founder of the librarian activist group FReadom Fighters, told JTA. “Having read it, I just know the importance of not forgetting our past. And that’s part of Elie Wiesel’s whole legacy, is remembrance, and so it just felt very important for me to carry that book, coming from Texas.” Another librarian onstage for the win held up “Anne Frank’s Diary: The Graphic Adaptation.”
Elisha Wiesel, Elie’s son and chair of the Elie Wiesel Foundation, told JTA that “Texas deserves credit for recognizing that Holocaust education belongs in the eighth-grade curriculum.” Yet, the younger Wiesel suggested, Patrick’s concerns about the book’s violence were misplaced.
“‘Night’ contains violence because the Holocaust was violent; its purpose is not to shock young people, but to help them understand where hatred and indifference can lead,” he wrote in an email. “With context and guidance, students should not be shielded from this history. They should be equipped to confront it.”
Despite having directed viewers to Recover America’s book list during his press conference, Patrick’s new statement to JTA said, “I do not have a book list.” He pointed instead to a law passed in the state legislature in 2025 regulating school books that he said districts were required to follow.
Yet some districts in the state have removed every book on Recover America’s list from their own libraries out of fear of losing funding, Foote told JTA. While the list nominally contains a ratings system, many of the books do not have a rating.
Besides “Night,” “Maus,” “Anne Frank’s Diary” and “The Fixer,” other books about Judaism and the Holocaust on Recover America’s list of “Harmful Books” include:
- “Annexed,” a young-adult novel about Peter van Pels, who hid in the Amsterdam annex with Anne Frank
- “The Berlin Boxing Club,” a young-adult historical novel based on German boxer Max Schmeling, who helped young Jews during Hitler’s rise to power
- “Black, White and Jewish,” a memoir by Rebecca Walker, the mixed-race Jewish daughter of author Alice Walker
- “Caste: The Origins of our Discontents,” a nonfiction book analyzing the “caste systems” of Nazi Germany. “Caste” had been included on an earlier, Wallace-spearheaded list of books for removal from a Texas public library in a case that the U.S. Supreme Court declined to hear in 2025, allowing the removals to proceed.
- “Kasher in the Rye,” a memoir by Jewish comedian Moshe Kasher
- “Pride: the story of Harvey Milk and the Rainbow Flag,” a children’s picture-book biography of the pioneering Jewish LGBTQ legislator
- “Sophie’s Choice,” the bestselling Holocaust novel for adults
- “The Violin Maker’s Daughter,” a historical novel about a Jewish family of musicians during the Holocaust
- “White Bird,” a young-reader graphic novel about a Jewish girl in Nazi-occupied France
In response to JTA sharing a list of the above books, Patrick’s statement mentioned only “Night” and Anne Frank by name. The Recover America list is largely made up of romance and fantasy novels, many with an LGBTQ element, while also including classics such as “The Glass Menagerie” and “Cat’s Cradle” and some picture books for children.
Recover America did not immediately return a JTA request for comment Friday on Patrick’s new statement. Wallace, the group’s leader who has also appeared on Patrick’s podcast, previously told the Houston Chronicle that she had “thought long and hard” about including “Night” on her list.
She ultimately did so, she said, because “an eighth-grade student is 13 years old. Do they need to read about soldiers massacring, throwing up babies, and killing them with machine guns?”
She added, “It’s not to say this doesn’t happen in life. And the Holocaust was maybe the worst tragedy in the history of the world.”
For Cameron Samuels, a Jewish alum of Texas public schools and founder of the activist group Students Engaged in Advancing Texas, such efforts do not help Jewish students.
“Non-Jewish people are deciding for us what’s best, and making this public policy,” Samuels said. “We can’t readily access these books and stories. And that makes students feel alone. It also means that our classroom peers are not learning authentic Jewish narratives.”
This article originally appeared on JTA.org.
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