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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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In Trump’s assault on democracy, echoes of Nazi Germany but new glimmers of hope that America will be different

In the final, tumultuous years of the Weimar Republic, a succession of arch-conservative chancellors ruled by emergency decree rather than go through the Reichstag, the German parliament. Germany had become a democracy in name only, as reactionary power brokers steered the nation deeper into totalitarian waters, ultimately opening the door for Hitler.

As we approach our mid-term elections, America too is at a pivot point — with the burning question being whether Donald Trump’s grip on MAGA lawmakers can be broken so that Congress, feckless like the Reichstag of the late Weimar Republic, can resume its constitutional role as a check on the executive.

It’s a matter of life or death for American democracy as it nears its 250th birthday.

As Trump’s poll numbers tank while GOP lawmakers’ support for him endures, I find myself musing about the Weimar Republic and the self-immolation of its national legislature.

In the final months before they came to power on Jan. 30, 1933, Hitler and the Nazis were actually on the ropes. After they had become the largest party in the Reichstag in July elections a year earlier, two million Germans abandoned the Nazis in an election that November. Many Germans were less enamored of the Nazi leader, fatigued by a sense that the Nazis thrived on disorder. The spell seemed to be breaking. Does this ring a bell? Economics also played a role: Germany was finally emerging from the Great Depression.

But the German republic had already been brought to a breaking point by street fighting, political chaos, the Great Depression, and a coterie of arch-conservative power brokers who schemed and maneuvered to scrap Germany’s first democracy. They included Chancellor Franz von Papen.

Papen was unable to form a majority coalition after the July 1932 election because of huge gains by the Nazis and losses by other key parties, so he continued to govern by emergency decree with the consent of President Paul von Hindenburg, relying on the broad emergency powers of Article 48 of the constitution that had already hollowed out parliamentary rule.

More internal scheming resulted in Papen’s ouster after the November 1932 election. He was replaced by General Kurt von Schleicher, a master of intrigue. But Schleicher lasted only two months, as disagreements raged over whether to give Hitler a role in the government, and what that role should be. The reactionary schemers eventually reached a consensus: Let Hitler have the chancellorship but keep him in check by loading the cabinet with archconservatives like Papen. Once Hitler became chancellor on Jan. 30, 1933, it didn’t take him long to outmaneuver all of the other schemers, who became puppets of the Nazi leader instead of the puppet masters.

Germany’s political establishment — all but the Social Democrats and the banned Communists — ceremoniously handed the keys over to Hitler on March 23, 1933, when the Reichstag passed the Enabling Act, dismantling parliamentary democracy and giving Hitler dictatorial powers.

Which brings us to the question: Whither American democracy?

Under Trump, our Congress has been reduced to a shell of its former self, an American analog of the toothless Reichstag. As Trump has launched assault after assault on the pillars of American democracy — on the judiciary, on higher education, on free speech, our election system, the rule of law, and even on unflattering but true chapters in American history — Republicans have kept quiet, fearing Trump’s wrath and retribution.

But now there are glimmers of hope. Trump’s broken promises, self-aggrandizement, megalomania, corruption, utter indifference to everyday Americans’ economic suffering, and relentless catering to the country’s wealthiest are finally catching up with him. New polls put his approval rating at a dismal 37%. In a New York Times/Siena poll, just 28% of voters approved of how Trump is handling the cost of living, while only 31% approved of his war with Iran. Even Fox News had him at 39% approval. That same poll showed GOP support for Trump weakening considerably on his handling of the economy.

Economic pain is driving the collapse. The soaring costs of the war in Iran, Trump’s vanity projects, and his proposed $1.8 billion slush fund for the Jan. 6 insurrectionists, coupled with his push for lifetime immunity for himself and his family to commit tax fraud, have incensed voters who are already struggling to afford groceries, gas, housing and health care.

As Americans make impossible choices, the 47th president touts the glitzy White House ballroom he wants to build and his plans for an arch that would dwarf the Arc de Triomphe, all while prosecuting a war that has closed the Strait of Hormuz and driven up prices worldwide. The widening gap between Trump’s self-indulgence and the country’s hardship is finally producing something late Weimar never managed: a meaningful break in the habit of submission to an aspiring strongman.

In recent days, a quiet revolt has begun in the Senate. Republicans are rebelling against the proposed slush fund for Jan. 6 insurrectionists, balking at funding Trump’s new White House ballroom,  and murmuring doubts about pouring more money into the Iran war. These are small acts of defiance — and they may or may not hold. But they are the first cracks we’ve seen in years.
Our mid-term elections on Nov. 6, 2026 may be a moment of destiny for American democracy, a test of whether those cracks widen or whether we follow late Weimar down a darker path.

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This Jewish artist hadn’t painted in more than 5 decades. Then came Oct. 7.

Sid Klein has finally found his subject. More than half a century after he scrambled to pick a topic for his senior art project at Brooklyn College—and settled on exploring the porcelain curves of a toilet bowl in a 20-painting series—he’s discovered a purpose.

Klein, 78, took a five-decade hiatus from art between college graduation and retirement. He picked his brushes back up just a few months before the events of Oct. 7.

Upon hearing of the Hamas attacks, Klein processed the news with acrylics. Soon, he began looking back to the Holocaust. He felt compelled to render contemporary and historical victims of hatred on paper and ultimately take on the mantle of combatting antisemitism, not with words or weapons but with images.

“For the first time in my life, I’m so motivated in my art,” Klein told me over Zoom from his home in South Florida. “All of a sudden I went from, ‘I don’t know what I want to paint,’ to, ‘I’ve got to make a record of this so people can look at these paintings and see what does antisemitism naturally lead to.’”

Born and raised in Brooklyn, Klein noticed at a young age that he could depict objects in three dimensions. “I started drawing with Crayola crayons with paper that my mom would pick up [at] the local five and dime,” he said.

But his mother died when he was seven, leaving his father to raise three children on his own. Though they weren’t particularly religious, Klein said, he attended yeshiva. The extra-long school day helped his working single father make sure he was safe. Klein continued dabbling in art through elementary and high school.

The Holocaust was not part of his education, as far as he remembers, not at the yeshiva and not later in college, where he flitted from pre-law to economics to philosophy before settling on fine art. “I’d never been exposed to it,” he said. “I’d never seen the photographs. I consciously avoided the photographs.”

“I was living in this bubble so I could pretend that antisemitism did not exist,” he said.

He remained in that bubble through business school and a long career in marketing. During that time, “painting didn’t even cross my mind,” Klein said. “For 55 years, I focused on the business and totally ignored the art.”

It wasn’t until his career drew to a close that he thought he might try again. “I wanted to give it a try and see what was left,” he said. But he wanted to keep painting only if he had a worthy subject, which he found in the wake of the Hamas attacks.

“That murder affected me in a profound way,” said Klein, who has two sons and five grandchildren living in Israel. “I started painting in my mind what these 1,200 people would have looked like. And that was my return to art.”

The segue from the horrors of Oct. 7 to those of the Holocaust felt natural to Klein. “For me, all of those are one of the same. They’re all Jew hatred at different times in history,” he said. “The amount of evil in our world is just—I don’t know how to measure it.” There are endless tragedies, he said, “but I’m focusing on our people.”

Klein paints in a corner of the family room he’s designated as his studio. He regularly pores over hundreds of black-and-white photos taken in ghettos and camps, looking for his next subjects to call out to him.

In one photograph, he recalled, he saw lines upon lines of women and children, standing near cattle cars, waiting, exhausted. He distilled the scene to one row of imminent victims in “Innocents.” They’re “going to be taken to a gas chamber and they’re going to be dead in 20 minutes or a half hour, and they don’t know that,” he said. On the right, a boy tugs at his mother’s coat. The woman on the far left balances the small child in her arms alongside her pregnant belly. In the middle, another grasps a toddler’s hand. Their eyes implore the viewer to grapple with their fate.

Several of Klein’s Holocaust works were displayed earlier this year at the Gross-Rosen Museum in Rogoźnica in Poland, on the grounds of the concentration camp system of the same name, where an estimated 120,000 people were imprisoned and 40,000 died.

“As employees of a Memorial Site, we have constant access to disturbing historical photos and documents; these are undeniably important, but viewing the victims through the eyes of an artist is an entirely different, more intimate experience,” Bartosz Surman, who works for the museum’s education department, told me. Surman estimated that approximately 4,000 people saw Klein’s work there between January 27 and March 31. “For a Memorial Site located in a village of fewer than a thousand people, we consider it a significant success and a testament to the power of Mr. Klein’s work,” he said.

Four thousand miles away, “My Zaidy” hangs on the wall at the Dr. Bernard Heller Museum in downtown Manhattan as part of the exhibition “Proverbs, Adages, and Maxims.”

The man in the painting wears a star under his heart. The bright yellow patch and pearlescent and gold shimmer of his face contrast with the matte blue of his coat and hat. But turning the corner of the exhibition, it’s the eyes that catch you. “I left them blank, so you can put in his eyes, any eyes you want,” Klein said—his zaidy’s or yours or a stranger’s.

The eyes may be missing but the gaze is powerful, as though this old man, as he approaches his cruel end, is staring and saying, “Look at me. Do you see what’s happening? Why are you just standing there?”

“A lot of bubbes and zaides were exterminated,” Klein said, including his paternal grandfather. But the zaidy in the painting isn’t Klein’s, exactly, he said. He can’t recall ever seeing a photo of him. Instead, he painted another elderly man in a photo that struck him: This is what a zaidy selected for the gas chamber looks like. This is what Klein’s zaidy could have looked like.

“I decided I was going to do a painting, and fill that hole in my heart,” Klein said.

“There’s something very haunting about the hollowed, empty eyes,” museum director Jeanie Rosensaft told me over the phone. “We were very touched, because although [Klein] has not had a long resume of art production, we felt that the image that he provided was very compelling.”.

Klein is one of 58 artists in the exhibition, and his work will be included in a tour the museum is organizing following its New York run, which ends June 24. “We hope that he continues on this path,” Rosensaft said. “It’s really essential that art bear witness to the past and provide a bridge to the future.”

Seeing the pain

Klein’s next painting, he told me, was inspired by a photo of two small children, empty bowls in hand, begging for food.

“If I had more working space, I would make my paintings bigger,” said Klein, who says he hopes to one day create life-size portraits. “Right now you’ve got to get pretty close to see what the hell is going on,” he said. “I want size to be part of your experience seeing the pain.”

Spending his days sifting through Holocaust photos and painting its victims takes a toll. “When I paint, I become emotionally involved. But when it’s done, I listen to my music for a couple of hours, and that gives me the emotional strength to continue,” says Klein, who puts on Vivaldi, Mozart, or Brahms, for example. “After I do a painting, I need this music to settle my nerves.”

“Sometimes I say, ‘Klein, try something else!’” he said. But he can’t imagine abandoning his subject or newfound mission for any others. Which means he’ll need more of that music in the years to come, as might those viewing his paintings.

“A lot of my work is grotesque,” Klein said, and that’s intentional. “I want to shake you up.”

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How can I explain to my 93-year-old mother why it suddenly seems ok to hate Jews?

My mom — 93 years old, still sharp, a lifelong Democrat, a woman who has read The New York Times nearly every day for the last five decades — called me this week, in something approaching shock, to tell me she had read Nicholas Kristof’s latest op-ed.

“I can’t believe what they’re saying,” she said of the piece, whose claims — particularly one, questionably sourced, involving the alleged rape of a prisoner by a dog — drew accusations of serious journalistic malpractice. To me, this felt like more than flawed reporting. It bore the unmistakable contours of a modern blood libel.

“How can they print this?” my mom asked. “What’s happening in the world?”

Sometimes we encounter an unexpected threshold, and suddenly the familiar world appears altered. The Kristof column was such a threshold for my mother. Her parents were immigrants; her mother left a Romanian shtetl as a child, crossing the Atlantic with her younger brother when they were 12 and 9 years old. They came because Jews were fleeing rapes and murder. If you are an American Jew of Eastern European descent, there is a decent chance your family history contains some version of this story — that of people fleeing pogroms.

You may remember the most recent example of such an attack. It happened on Oct. 7, 2023 — the first pogrom carried out in the age of smartphones.

To say that things have felt strange and frightening for many Jews worldwide since that horror is like saying clouds produce rain or honey is sweet. Strangest of all is the speed with which, in many quarters, people sought to not just explain the atrocity, but actually justify it.

What has tormented me almost as much as the violence itself is the astonishing pace at which animus toward Jews, or toward “Zionists,” has become normalized in spaces where one might once have expected understanding. And yes, I know, people are weary of hearing Jews explain why hostility directed at the overwhelming majority of Jews who believe in Jewish self-determination often bleeds into hostility toward Jews themselves. I know all the caveats. I know all the disclaimers. I have read them too. Still, it increasingly appears that anti-Zionism in many quarters has become not merely tolerated, but a litmus test.

The range of what can be said aloud has changed. So have the categories of people toward whom contempt may be openly directed. Prejudice against Jews that can once again — as in an era many thought was gone forever — pass as a kind of moral sophistication.

Each week there is a new reason to think about all this. A Democratic congressional candidate in Texas named Maureen Galindo has crossed yet another Rubicon of human foible and weakness. Galindo reportedly proposed transforming a detention center into a prison for “American Zionists” and described it as a place where many Zionists would undergo “castration processing.”

I cannot say categorically that Galindo represents a new political era. She may not. Fringe figures have always existed. But that a candidate seeking office within one of America’s two major political parties — a candidate who advanced to a Democratic runoff after finishing first in a crowded primary field, with roughly 29% of the vote — used this grotesque language is notable.

Maybe she’ll lose badly. Maybe she’ll vanish from the political stage. That wouldn’t change the fact that her statements did not produce immediate and universal condemnation.

Every era contains extremists. But sometimes institutions cease to treat extremism as radioactive, and begin treating it first as eccentricity, then as another perspective deserving “consideration,” then activism, then orthodoxy.

Is that happening here? I’m wondering. So is my mother.

I have spent much of my life among artists, intellectuals, musicians, progressives — a cohort that once seemed animated by an instinctive suspicion toward ethnic hatred in all forms. Increasingly, Jews appear exempt from that instinct. “Galindo is just another crazy person,” I’ve heard people say. I see. Just another crazy person competing seriously in a Democratic primary after proposing internment camps for “American Zionists.”

This is not about Galindo alone. It is also about institutions. About The New York Times, whose reporting and opinion pages remain, for millions, a moral compass. My mother did not call me outraged after reading Kristof. She called bewildered. She called sad. This was the newspaper she’d followed through wars, assassinations, civil rights struggles, and presidents of every variety. Her confusion and grief now pains me more than I can say. When exactly, she seemed to be asking me, did this happen? When did support for Israel become, in some circles, evidence of moral defect? When did “Zionist” become a slur, not a description of a legitimate ideology?

When did suspicion toward Jews become newly accessible, provided it arrived draped in the language of liberation?

All of this feels both cosmic and deeply personal. I have yet to meet a Jew who does not feel some shift beneath their feet.

And to them I say: do not cower. Do not hide your Jewishness. Do not keep your love for Israel or for Jews a secret. Go and do something singularly Jewish. Reorient yourself toward whatever you understand God to be. And if God feels impossible, then orient yourself toward the continuity of the Jewish people.

May we go from strength to strength. Mom, if you are reading this, that goes especially for you.

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