The Supreme Court agreed Monday to hear a challenge to Colorado’s exclusion of Catholic preschools from its state-funded program.
An appeals court previously backed the state’s decision to discriminate against Catholic schools seeking to participate in its universal preschool program, which provides children with 15 hours of free weekly education.
“Colorado excludes Catholic preschools because they admit only families who support Catholic beliefs, including on sex and gender,” the petition filed by Catholic families, preschools and the Archdiocese of Denver states.
While Colorado requires schools to ensure all families can enroll regardless of “race, religious affiliation, sexual orientation, gender identity, income level, or disability,” it “nonetheless permits numerous exemptions from this requirement, both categorical and discretionary, allowing preschools to admit only ‘children of color,’ ‘gender-nonconforming children,’ ‘the LGBTQ community,’ low-income families, and children with disabilities,” according to the petition filed in November.
“[G]etting the Free Exercise Clause analysis right has only become more critical as government funding programs— especially in the education context—become ubiquitous,” the petition argued. “Enrollment in state-funded preschool programs alone reached an all time high of over 1.75 million children in 2023-24.”
Becket senior counsel Nicholas Reaves, who represents the families and preschools, said, “Colorado promised free preschool for all, then slammed the door on families who chose a religious education for their children.”
“After three losses in religious freedom cases at the Supreme Court, Colorado should know better,” Reaves said in a statement. “The Supreme Court has repeatedly held that states cannot exclude families from government benefits because of their faith. We’re confident the Court will say the same thing here and put a stop to Colorado’s no-Catholics-need-apply rules.”
The Supreme Court sided 8-1 with a Christian mental health counselor who challenged Colorado’s ban on “conversion therapy” in March, finding the law regulates her speech “based on viewpoint.”
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