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Supreme Court seems likely to favor Catholic schools in pre-K fight

Supreme Court seems likely to favor Catholic schools in pre-K fight

Summary

The Supreme Court heard arguments in a case challenging Colorado’s refusal to exempt Catholic preschools from a nondiscrimination rule in its universal preschool program. The court’s conservative justices appeared sympathetic to the schools’ claim that the rule blocks their participation because of their religious beliefs, but the court has not issued a ruling.

Key Facts

  • Colorado’s rule requires participating preschools to offer children equal enrollment opportunities regardless of characteristics including race, religion, sexual orientation and gender identity.
  • The Archdiocese of Denver sought an exemption for its 34 Catholic preschools, which enroll families whose beliefs align with Catholic teachings.
  • Colorado denied the exemption and said publicly funded preschools must follow the same conditions, whether religious or secular.
  • The archdiocese, two parishes and a family sued, arguing that excluding the schools violated the Constitution’s Free Exercise Clause.
  • Lower courts sided with Colorado, finding that the rule’s provisions on sexual orientation and gender identity applied generally to participating providers.
  • During arguments, several conservative justices questioned whether the rule effectively pushed religious schools out of the program.
  • Colorado said religious preschools could teach their beliefs about sex, gender and marriage while receiving public funding.
  • The Supreme Court’s conservative majority has sided with religious institutions in several recent disputes over access to state benefits programs.
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