Supreme Court Gives Catholic Preschools Shot At Taking Down Another Anti-Religious Colorado Rule

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.

“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.”