Supreme Court to hear religious liberty case over Colorado preschools
Summary
The Supreme Court is set to hear a challenge to Colorado’s decision to exclude Catholic preschools from its publicly funded universal preschool program. The schools say the state’s nondiscrimination rule conflicts with their religious beliefs; Colorado says participating providers must give eligible children an equal opportunity to enroll.Key Facts
- Colorado voters approved a 2020 ballot measure to fund a universal preschool program for 4-year-olds.
- The program reimburses families for 15 hours of preschool each week, worth more than $6,000 per year.
- Public, private, religious and secular preschools can participate if they sign a contract and meet state standards.
- The program requires participating providers to offer eligible children equal enrollment opportunities regardless of several traits, including sexual orientation and gender identity.
- The Archdiocese of Denver sought an exemption from the rule for its Catholic preschools, but Colorado denied the request.
- The Archdiocese’s 34 preschools do not participate in the program.
- The Archdiocese, two Catholic parishes and parents sued in August 2023, arguing that the state violated their constitutional right to free exercise of religion.
- The plaintiffs cite a 2022 Supreme Court ruling that found Maine could not exclude religious schools from a tuition-assistance program.
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