![Federal court hears arguments on Oklahoma’s ban for religious charter schools #Catholic A federal court heard oral arguments on Aug. 5 about whether an Oklahoma law banning religious charter schools violates the First Amendment’s protection of the free exercise of religion.Oklahoma established a charter school system in 1999, which provides public funds for privately run K–12 schools to which parents can send their children instead of a public school operated by a school district. The law only allows “nonsectarian” applicants, which prevents any participation from schools that have a religious identity.In 2023, the Oklahoma Statewide Charter School Board (SCSB) approved an application from a proposed Catholic charter school — St. Isidore of Seville Catholic Virtual School — which led to a legal challenge from Oklahoma Attorney General Gentner Drummond, who opposed religious charter schools.The Oklahoma Supreme Court sided against the school, finding that charter schools are public schools and that public schools must be secular. St. Isidore appealed this to the U.S. Supreme Court, but that resulted in a 4-4 deadlock with no majority opinion because Justice Amy Coney Barrett had a conflict of interest and recused herself.Amid no clear guidance from the federal courts, a Jewish organization — National Ben Gamla Jewish Charter School Foundation — filed an application to set up a charter school, which was denied. The group, represented by lawyers at the Becket Fund, filed a new lawsuit and asked a federal district court to require the SCSB to consider religious applicants.“Oklahoma makes room in its charter program for schools of all shapes and sizes, from those focused on science and fine arts to language immersion and classical education,” Daniel Chen, a Becket attorney representing the Jewish foundation, said in a statement.“The one it refuses to make room for is a faith-based school,” Chen added. “That is religious discrimination, plain and simple, and the state deserves a failing grade for it.”Chen told EWTN News that Becket is asking the federal court to immediately allow National Ben Gamla Jewish Charter School Foundation to set up a charter school, citing U.S. Supreme Court precedent that requires government programs to allow religious institutions the same access as secular institutions.“They’re private actors,” he said. “And because they’re private actors, they cannot be excluded from participating in a public benefits program.”Chen said the federal district court is not bound by the precedent of the Oklahoma Supreme Court because that is a state court, so it could rule in favor of the school. He also said if the case goes to the U.S. Supreme Court, he hopes Barrett can weigh in to break the 4-4 deadlock.“We’re hoping that [for] our case, there wouldn’t have to be any recusals,” he said.School board’s hands are tiedAlthough the charter school board denied the application from the National Ben Gamla Jewish Charter School Foundation, one of its lawyers at First Liberty Institute explained to EWTN News that its hands are tied by the statute and the Oklahoma Supreme Court’s decision.“They’re following that order,” said Hiram Sasser, executive general counsel for First Liberty and the lawyer representing SCSB. “But [they] would be happy if the federal court didn’t [require the school board] to engage in that kind of discrimination.”Sasser said the SCSB does not want to exclude an applicant “simply because it’s religious” and would rather evaluate applicants “just based on the merits.” But he said the order “makes them exclude religious schools just because they’re religious.”“They want to maximize all of the various choices and opportunities for parents,” he added.Sasser said he hopes the question goes to the U.S. Supreme Court again so “we’ll get an answer — a real answer.” He said it would provide more clarity for the school board, which “needs an answer.”John Meiser, director of the Lindsay and Matt Moroun Religious Liberty Clinic at the University of Notre Dame and the lawyer who represented St. Isidore at the Supreme Court, told EWTN News that the question ultimately comes down to whether charter schools are private or public institutions.In Oklahoma, he said charter schools “are called public schools” and that label “introduces a confusion that I don’t think would be present if they chose any other word.”He said Supreme Court precedent is clear that religious institutions must have equal access to government programs available to private institutions, but if a charter school is a “government school,” that “doesn’t apply” because the government “doesn’t and can’t run religious schools.”In spite of the label, Meiser said charter schools in Oklahoma are “formed and designed and run by private groups” and people who work there “are private employees.” He said the structure “looks just like a government contract” and funding from the government “doesn’t turn all those private contractors into the government itself.”“The dispute is really just about, ‘Well is a charter school in some way different?’” he said.Although Meiser said he is not aware of any ongoing Catholic efforts to recreate a charter school, he said that a Supreme Court ruling in favor of the National Ben Gamla Jewish Charter School Foundation’s constitutional arguments for equal access “would presumably apply to all religious operators of schools, and so it would open the door to a Catholic charter school or other religiously based charter school.”Attorney general stands firmDrummond, who remains Oklahoma’s attorney general, is standing firm in opposing the creation of religious charter schools and is fighting against National Ben Gamla Jewish Charter School Foundation’s efforts."This matter was resolved when the state Supreme Courtʼs ruling to prevent taxpayer funded religious charter schools was upheld by the U.S. Supreme Court last year,” Leslie Berger, press secretary for the attorney general’s office, told EWTN News.Drummond has also criticized the charter school board in public statements surrounding this legal battle in March, accusing the SCSB of “playing politics with the taxpayers' money” and alleged it “manipulated the record [about why National Ben Gamla Jewish Charter School Foundation’s application was rejected] to make that lawsuit easier to lose — not win.”"A state agency that deliberately hobbles its own legal position is not doing its job — it is betraying Oklahoma taxpayers,” he said. “I will not allow that.”Drummond has garnered support from the American Civil Liberties Union (ACLU) and the Freedom From Religion Foundation (FFRF) for opposing the creation of religious charter schools.Attorneys for FFRF are representing seven Oklahomans who oppose their tax money being used to support religious charter schools.“The federal court should rule according to constitutional principles,” FFRF Co-President Annie Laurie Gaylor said in a statement. “A religious public charter school has no place in our secular public education system.”It’s unclear when the federal court will issue its ruling, but National Ben Gamla Jewish Charter School Foundation has asked the judge to issue a preliminary injunction against the state so it can begin operating a school while the litigation plays out.](https://unitedyam.com/wp-content/uploads/2026/08/federal-court-hears-arguments-on-oklahomas-ban-for-religious-charter-schools-catholic-a-federal-court-heard-oral-arguments-on-aug-5-about-whether-an-oklahoma-law-banning-religious-charter-s.jpg "Federal court hears arguments on Oklahoma’s ban for religious charter schools #Catholic A federal court heard oral arguments on Aug. 5 about whether an Oklahoma law banning religious charter schools violates the First Amendment’s protection of the free exercise of religion.Oklahoma established a charter school system in 1999, which provides public funds for privately run K–12 schools to which parents can send their children instead of a public school operated by a school district. The law only allows “nonsectarian” applicants, which prevents any participation from schools that have a religious identity.In 2023, the Oklahoma Statewide Charter School Board (SCSB) approved an application from a proposed Catholic charter school — St. Isidore of Seville Catholic Virtual School — which led to a legal challenge from Oklahoma Attorney General Gentner Drummond, who opposed religious charter schools.The Oklahoma Supreme Court sided against the school, finding that charter schools are public schools and that public schools must be secular. St. Isidore appealed this to the U.S. Supreme Court, but that resulted in a 4-4 deadlock with no majority opinion because Justice Amy Coney Barrett had a conflict of interest and recused herself.Amid no clear guidance from the federal courts, a Jewish organization — National Ben Gamla Jewish Charter School Foundation — filed an application to set up a charter school, which was denied. The group, represented by lawyers at the Becket Fund, filed a new lawsuit and asked a federal district court to require the SCSB to consider religious applicants.“Oklahoma makes room in its charter program for schools of all shapes and sizes, from those focused on science and fine arts to language immersion and classical education,” Daniel Chen, a Becket attorney representing the Jewish foundation, said in a statement.“The one it refuses to make room for is a faith-based school,” Chen added. “That is religious discrimination, plain and simple, and the state deserves a failing grade for it.”Chen told EWTN News that Becket is asking the federal court to immediately allow National Ben Gamla Jewish Charter School Foundation to set up a charter school, citing U.S. Supreme Court precedent that requires government programs to allow religious institutions the same access as secular institutions.“They’re private actors,” he said. “And because they’re private actors, they cannot be excluded from participating in a public benefits program.”Chen said the federal district court is not bound by the precedent of the Oklahoma Supreme Court because that is a state court, so it could rule in favor of the school. He also said if the case goes to the U.S. Supreme Court, he hopes Barrett can weigh in to break the 4-4 deadlock.“We’re hoping that [for] our case, there wouldn’t have to be any recusals,” he said.School board’s hands are tiedAlthough the charter school board denied the application from the National Ben Gamla Jewish Charter School Foundation, one of its lawyers at First Liberty Institute explained to EWTN News that its hands are tied by the statute and the Oklahoma Supreme Court’s decision.“They’re following that order,” said Hiram Sasser, executive general counsel for First Liberty and the lawyer representing SCSB. “But [they] would be happy if the federal court didn’t [require the school board] to engage in that kind of discrimination.”Sasser said the SCSB does not want to exclude an applicant “simply because it’s religious” and would rather evaluate applicants “just based on the merits.” But he said the order “makes them exclude religious schools just because they’re religious.”“They want to maximize all of the various choices and opportunities for parents,” he added.Sasser said he hopes the question goes to the U.S. Supreme Court again so “we’ll get an answer — a real answer.” He said it would provide more clarity for the school board, which “needs an answer.”John Meiser, director of the Lindsay and Matt Moroun Religious Liberty Clinic at the University of Notre Dame and the lawyer who represented St. Isidore at the Supreme Court, told EWTN News that the question ultimately comes down to whether charter schools are private or public institutions.In Oklahoma, he said charter schools “are called public schools” and that label “introduces a confusion that I don’t think would be present if they chose any other word.”He said Supreme Court precedent is clear that religious institutions must have equal access to government programs available to private institutions, but if a charter school is a “government school,” that “doesn’t apply” because the government “doesn’t and can’t run religious schools.”In spite of the label, Meiser said charter schools in Oklahoma are “formed and designed and run by private groups” and people who work there “are private employees.” He said the structure “looks just like a government contract” and funding from the government “doesn’t turn all those private contractors into the government itself.”“The dispute is really just about, ‘Well is a charter school in some way different?’” he said.Although Meiser said he is not aware of any ongoing Catholic efforts to recreate a charter school, he said that a Supreme Court ruling in favor of the National Ben Gamla Jewish Charter School Foundation’s constitutional arguments for equal access “would presumably apply to all religious operators of schools, and so it would open the door to a Catholic charter school or other religiously based charter school.”Attorney general stands firmDrummond, who remains Oklahoma’s attorney general, is standing firm in opposing the creation of religious charter schools and is fighting against National Ben Gamla Jewish Charter School Foundation’s efforts.\"This matter was resolved when the state Supreme Courtʼs ruling to prevent taxpayer funded religious charter schools was upheld by the U.S. Supreme Court last year,” Leslie Berger, press secretary for the attorney general’s office, told EWTN News.Drummond has also criticized the charter school board in public statements surrounding this legal battle in March, accusing the SCSB of “playing politics with the taxpayers' money” and alleged it “manipulated the record [about why National Ben Gamla Jewish Charter School Foundation’s application was rejected] to make that lawsuit easier to lose — not win.”\"A state agency that deliberately hobbles its own legal position is not doing its job — it is betraying Oklahoma taxpayers,” he said. “I will not allow that.”Drummond has garnered support from the American Civil Liberties Union (ACLU) and the Freedom From Religion Foundation (FFRF) for opposing the creation of religious charter schools.Attorneys for FFRF are representing seven Oklahomans who oppose their tax money being used to support religious charter schools.“The federal court should rule according to constitutional principles,” FFRF Co-President Annie Laurie Gaylor said in a statement. “A religious public charter school has no place in our secular public education system.”It’s unclear when the federal court will issue its ruling, but National Ben Gamla Jewish Charter School Foundation has asked the judge to issue a preliminary injunction against the state so it can begin operating a school while the litigation plays out.")
Oklahoma’s Statewide Charter School Board wants to approve religious charter schools, but a ruling from the Oklahoma Supreme Court and efforts by the state attorney general prevent it from doing so.
![Cardinal O’Malley at Catholic-Orthodox conference: ‘Come together and pray for unity’ #Catholic WASHINGTON — Cardinal Seán Patrick OʼMalley, retired archbishop of Boston, encouraged Catholic and Eastern Orthodox Christians to pray together for reunification at a joint conference focused on healing the nearly 1,000-year schism between the churches.“Come together and pray for unity,” O’Malley said at the conference, hosted by the Orientale Lumen Foundation at the retreat house for the St. John Paul II National Shrine on July 13–15.Speakers included Roman Catholic, Eastern Catholic, and Eastern Orthodox bishops, and a few dozen laity and clergy focused on ecumenism attended. Along with O’Malley, speakers included Archbishop Flavio Pace — secretary of the Vatican’s Dicastery for Promoting Christian Unity — and Metropolitan Tikhon Mollard, primate of the Orthodox Church in America (OCA).O’Malley encouraged concrete steps to integrate Catholic and Orthodox communities, one of the most important of which was “praying together.” Just prior to his speech, the Catholic and Orthodox clergy — including O’Malley, Pace, and Mollard — prayed daily vespers together in the form used in Eastern churches.The cardinal, speaking to those gathered, said unity will ultimately be achieved as a gift to the faithful granted by Christ and will come about “how he wills [it].” He said he considers joint prayer to be crucial because it is the Holy Spirit who will “illuminate the way” toward East-West communion.‘Work for unity’In his address, O’Malley discussed his concern with the disunity of Christianity, which he said “weakens our ability [as Christians] to proclaim the Gospel with coherence and authority.”He recalled his early work in the 1970s with the Order of Friars Minor Capuchin. The order was deeply involved in missionary work in Papua New Guinea. Although O’Malley himself was not a missionary there, he spoke about conversations with colleagues who were working with people accepting Christianity in large numbers.O’Malley noted that when new converts had learned about the various Christian denominations, many felt “sad and embarrassed.” Although many Christians view the disunity as “normative,” he said, the people of Papua New Guinea correctly recognized it as “scandalous.”“All disciples of Jesus Christ must feel an impulse to work for unity among Christians,” O’Malley said.O’Malley said Catholics should see Orthodoxy as the “greatest possibility of success in this task in fulfilling Christ’s wish so that we all become one so the world may believe.” He noted that the two share “so many saints and devotions” and are more similar to Catholics in theology than any other Christian community.He expressed joy that many Orthodox churches send representatives to meetings held by the Vatican and the U.S. Conference of Catholic Bishops, and that the Catholic Church also sent representatives to the Orthodox Council of Crete in 2016. Yet, he encouraged a stronger bond.O’Malley urged the bodies to “consider the possibility of joint pastoral letters or statements” on issues of mutual agreement like world hunger, euthanasia, and abortion. He said they should establish committees together to organize joint prayer, study sessions, and works of mercy.His idea of unity, he explained, would be “communion without absorption” and said there is a difference between “unity and uniformity.” He said people should look to the Eastern Catholic Churches as a model, saying “they are bridges for reconciliation and laboratories for synodal communion.”Although Rome’s relationship with the Eastern Catholics was not always perfect (O’Malley noted historical attempts at forced Latinization), the cardinal said there is an opportunity to work more closely with Eastern Catholics as part of ecumenical efforts, focused on “greater respect for their uniqueness.”Mollard, speaking from the Orthodox position, echoed O’Malley’s desire for unity and the feeling of pain over continued separation.“It affects the faithful in the parishes and how they live their lives,” the metropolitan said. “And perhaps encourage[s] us all to not just reach out and educate but really inspire in people that faith in Christ and love for the Church can drive … [the path toward] unity.”O’Malley told EWTN News that ecumenism requires “different groups that would be Catholic and Orthodox, working together,” and Church leaders should be “letting people know the progress that has been made in the dialogue.”He said Eastern Orthodox Christians “have the sacraments,” they have apostolic succession, and “the differences are not great.” Although theological disputes remain a division between Catholicism and Orthodoxy, he said he believes the causes of the schism were more political and cultural.“Most Catholics and Orthodox in the pews are not focused on those fine points of theology,” O’Malley said.Ongoing Vatican ecumenical workMany theological disputes, however, are being hashed out at the highest levels of the Catholic and Eastern Orthodox Churches. Some of the biggest include questions of papal supremacy, primacy, and jurisdiction as well as the language of the Nicene Creed and subsequently certain details about the Holy Trinity.Pace, who flew in from Rome, discussed some of the history and recent progress on ecumenism related to these subjects during his speech, noting that the end goal is “full unity” between the East and the West.
Archbishop Flavio Pace, secretary of the Vatican’s Dicastery for Promoting Christian Unity, speaks at the Orientale Lumen Foundation conference at the retreat house for the St. John Paul II National Shrine in Washington, D.C., on July 15, 2026. | Credit: Tyler Arnold/EWTN News
The Joint International Commission for Theological Dialogue between the Roman Catholic Church and the Orthodox Church, formed in 1980, created two subcommittees in 2024. One focuses on infallibility, which is the current priority. The other is about the dispute about the Nicene Creed."We have to prepare a very good draft,” Pace told EWTN News.He said once the subcommittee completes its draft on infallibility, the body will consider a call for a full meeting for approval. He said the subcommittee must “arrive to a good document that the [full committee] can discuss and approve.”The First Vatican Council teaches that the pope speaks infallibly on matters of faith and morals when defining matters of doctrine and invoking his papal authority, binding the declaration on the entire Church.Bishop Anthony Vrame, a Greek Orthodox bishop and director of Holy Cross Orthodox Press, said in a panel discussion that Orthodoxy recognizes the indefectibility of councils: “When the Church gathers together in council, … no error is possible.” Yet, papal infallibility is different, as it is “designated to one person.”Cardinal Kurt Koch, president of the Vatican’s Dicastery for Promoting Christian Unity, offered a prerecorded video message for the conference, stating that he hopes the eventual documents will be received by the Catholic Church and Eastern Orthodox churches.Koch emphasized the importance of clergy informing the laity when there are developments, so the progress is “not to be remained known only by experts.”](https://unitedyam.com/wp-content/uploads/2026/07/cardinal-omalley-at-catholic-orthodox-conference-come-together-and-pray-for-unity-catholic-washington-cardinal-sean-patrick-ocabcmalley-retired-archbishop-of-scaled.jpg "Cardinal O’Malley at Catholic-Orthodox conference: ‘Come together and pray for unity’ #Catholic WASHINGTON — Cardinal Seán Patrick OʼMalley, retired archbishop of Boston, encouraged Catholic and Eastern Orthodox Christians to pray together for reunification at a joint conference focused on healing the nearly 1,000-year schism between the churches.“Come together and pray for unity,” O’Malley said at the conference, hosted by the Orientale Lumen Foundation at the retreat house for the St. John Paul II National Shrine on July 13–15.Speakers included Roman Catholic, Eastern Catholic, and Eastern Orthodox bishops, and a few dozen laity and clergy focused on ecumenism attended. Along with O’Malley, speakers included Archbishop Flavio Pace — secretary of the Vatican’s Dicastery for Promoting Christian Unity — and Metropolitan Tikhon Mollard, primate of the Orthodox Church in America (OCA).O’Malley encouraged concrete steps to integrate Catholic and Orthodox communities, one of the most important of which was “praying together.” Just prior to his speech, the Catholic and Orthodox clergy — including O’Malley, Pace, and Mollard — prayed daily vespers together in the form used in Eastern churches.The cardinal, speaking to those gathered, said unity will ultimately be achieved as a gift to the faithful granted by Christ and will come about “how he wills [it].” He said he considers joint prayer to be crucial because it is the Holy Spirit who will “illuminate the way” toward East-West communion.‘Work for unity’In his address, O’Malley discussed his concern with the disunity of Christianity, which he said “weakens our ability [as Christians] to proclaim the Gospel with coherence and authority.”He recalled his early work in the 1970s with the Order of Friars Minor Capuchin. The order was deeply involved in missionary work in Papua New Guinea. Although O’Malley himself was not a missionary there, he spoke about conversations with colleagues who were working with people accepting Christianity in large numbers.O’Malley noted that when new converts had learned about the various Christian denominations, many felt “sad and embarrassed.” Although many Christians view the disunity as “normative,” he said, the people of Papua New Guinea correctly recognized it as “scandalous.”“All disciples of Jesus Christ must feel an impulse to work for unity among Christians,” O’Malley said.O’Malley said Catholics should see Orthodoxy as the “greatest possibility of success in this task in fulfilling Christ’s wish so that we all become one so the world may believe.” He noted that the two share “so many saints and devotions” and are more similar to Catholics in theology than any other Christian community.He expressed joy that many Orthodox churches send representatives to meetings held by the Vatican and the U.S. Conference of Catholic Bishops, and that the Catholic Church also sent representatives to the Orthodox Council of Crete in 2016. Yet, he encouraged a stronger bond.O’Malley urged the bodies to “consider the possibility of joint pastoral letters or statements” on issues of mutual agreement like world hunger, euthanasia, and abortion. He said they should establish committees together to organize joint prayer, study sessions, and works of mercy.His idea of unity, he explained, would be “communion without absorption” and said there is a difference between “unity and uniformity.” He said people should look to the Eastern Catholic Churches as a model, saying “they are bridges for reconciliation and laboratories for synodal communion.”Although Rome’s relationship with the Eastern Catholics was not always perfect (O’Malley noted historical attempts at forced Latinization), the cardinal said there is an opportunity to work more closely with Eastern Catholics as part of ecumenical efforts, focused on “greater respect for their uniqueness.”Mollard, speaking from the Orthodox position, echoed O’Malley’s desire for unity and the feeling of pain over continued separation.“It affects the faithful in the parishes and how they live their lives,” the metropolitan said. “And perhaps encourage[s] us all to not just reach out and educate but really inspire in people that faith in Christ and love for the Church can drive … [the path toward] unity.”O’Malley told EWTN News that ecumenism requires “different groups that would be Catholic and Orthodox, working together,” and Church leaders should be “letting people know the progress that has been made in the dialogue.”He said Eastern Orthodox Christians “have the sacraments,” they have apostolic succession, and “the differences are not great.” Although theological disputes remain a division between Catholicism and Orthodoxy, he said he believes the causes of the schism were more political and cultural.“Most Catholics and Orthodox in the pews are not focused on those fine points of theology,” O’Malley said.Ongoing Vatican ecumenical workMany theological disputes, however, are being hashed out at the highest levels of the Catholic and Eastern Orthodox Churches. Some of the biggest include questions of papal supremacy, primacy, and jurisdiction as well as the language of the Nicene Creed and subsequently certain details about the Holy Trinity.Pace, who flew in from Rome, discussed some of the history and recent progress on ecumenism related to these subjects during his speech, noting that the end goal is “full unity” between the East and the West.
Archbishop Flavio Pace, secretary of the Vatican’s Dicastery for Promoting Christian Unity, speaks at the Orientale Lumen Foundation conference at the retreat house for the St. John Paul II National Shrine in Washington, D.C., on July 15, 2026. | Credit: Tyler Arnold/EWTN News
The Joint International Commission for Theological Dialogue between the Roman Catholic Church and the Orthodox Church, formed in 1980, created two subcommittees in 2024. One focuses on infallibility, which is the current priority. The other is about the dispute about the Nicene Creed.\"We have to prepare a very good draft,” Pace told EWTN News.He said once the subcommittee completes its draft on infallibility, the body will consider a call for a full meeting for approval. He said the subcommittee must “arrive to a good document that the [full committee] can discuss and approve.”The First Vatican Council teaches that the pope speaks infallibly on matters of faith and morals when defining matters of doctrine and invoking his papal authority, binding the declaration on the entire Church.Bishop Anthony Vrame, a Greek Orthodox bishop and director of Holy Cross Orthodox Press, said in a panel discussion that Orthodoxy recognizes the indefectibility of councils: “When the Church gathers together in council, … no error is possible.” Yet, papal infallibility is different, as it is “designated to one person.”Cardinal Kurt Koch, president of the Vatican’s Dicastery for Promoting Christian Unity, offered a prerecorded video message for the conference, stating that he hopes the eventual documents will be received by the Catholic Church and Eastern Orthodox churches.Koch emphasized the importance of clergy informing the laity when there are developments, so the progress is “not to be remained known only by experts.”")
Cardinal Seán O’Malley discussed ways in which Catholics and Orthodox Christians can build closer bonds. Archbishop Flavio Pace discussed ongoing Vatican efforts to help bring about unity.
The dispute stems from a 2011 federal rule requiring employers to include contraception coverage in employee health plans under the Affordable Care Act.
