Catholic schools challenge Colorado preschool rule as supreme court hears religious liberty fight
A statewide preschool program
Colorado’s program reimburses families for 15 hours of preschool each week, worth more than $6,000 annually. Public, private, religious and secular providers may take part if they sign a contract and meet state quality standards.
The state estimates that roughly 40,000 children are eligible, across nearly 2,000 providers. None of the preschools overseen by the Archdiocese participate because Catholic providers sought an exemption from the program’s requirements.
Dispute over participation rules
The Catholic providers say their religious beliefs guide whom they admit, including families’ views on marriage, sexual identity and family. They argue that excluding them because of those beliefs violates religious liberty.
Colorado says participating schools must accept LGBTQ students and families, but the law does not dictate what schools teach or believe. The state argues that the Catholic schools want public funding while retaining the ability to reject students based on sexual orientation or gender identity.
Conflicting court decisions
The Catholic schools rely on a 2022 Supreme Court ruling involving Maine’s tuition-assistance program. The court found that excluding religious schools from that program violated the First Amendment.
A federal district court ruled for Colorado, finding that the nondiscrimination provisions were neutral and applied generally. The U.S. Court of Appeals for the 10th Circuit upheld that decision. The Catholic parishes contend that Colorado must meet the most stringent judicial scrutiny and has not shown a compelling reason to exclude them.
Families and federal backing
Lisa Sheley, a plaintiff with her husband Daniel, said Catholic families did not want to lose access to the program because they chose Catholic education. Nagle said the schools felt they were being treated differently from other providers granted exemptions.
The Trump administration supports the Catholic plaintiffs. If they prevail, the ruling would add to recent decisions favoring religious institutions challenging exclusion from state programs, potentially allowing more public money to reach religious schools.
Key points
- Colorado’s program reimburses families for 15 weekly preschool hours, worth more than $6,000 a year.
- The Archdiocese’s preschools do not participate after seeking an exemption from program requirements.
- Lower courts sided with Colorado, while the Catholic plaintiffs cite a 2022 Supreme Court ruling.
- The Trump administration is backing the Catholic plaintiffs.