Judge: Oklahoma can't bar a Jewish charter school for being religious. The nation's first publicly funded religious school edges closer.

A federal judge ruled Thursday that Oklahoma cannot exclude the proposed Ben Gamla Jewish Charter School from its charter program while the school's lawsuit moves forward, StateImpact Oklahoma reports for KOSU. That brings what would be the nation's first publicly funded religious school closer to reality; its backers want it open for the 2027-28 school year. The state charter board had rejected Ben Gamla, saying its hands were tied by a 2024 Oklahoma Supreme Court decision against a Catholic virtual school, a case the U.S. Supreme Court later deadlocked on. Judge David L. Russell wrote that the state's nonsectarian rule "expressly discriminates against otherwise eligible recipients solely because of their religious character." Opponents, a group of Oklahoma families, teachers and clergy, say "forcing taxpayers to fund religious public schools violates state and federal law." Even the board's attorney, Hiram Sasser, expects appeals "probably all the way up until we break the 4-4 tie at the Supreme Court." Why it matters at home: every state with school choice will eventually face this question. Parents of faith want a fair shot, and taxpayers want clear rules. The high court may soon settle it.