By Islam El-Sakka
The Supreme Court on Tuesday heard arguments in a case testing whether Catholic entities can be exempted from Colorado's antidiscrimination rules to participate in the state's taxpayer-funded universal preschool program.
Colorado's Antidiscrimination Provision
Colorado bars preschools from the program if they refuse admission based on the sexual orientation or gender identity of the child or parents. The Archdiocese of Denver and other Catholic plaintiffs say the rule conflicts with Catholic doctrine, which does not recognize same-sex relationships or transgender status.
Religious Rights Claim
The plaintiffs, represented by the religious liberty group Becket, argue that Colorado "knowingly excluded Catholic preschools solely on account of their religious exercise," violating the First Amendment's free exercise clause. The Trump administration has backed the Catholic challengers.
State's Defense
Colorado Attorney General Phil Weiser contends that religious schools may participate if they agree to abide by the antidiscrimination provision. The state says the Catholic preschools "want to receive public funding without complying with those conditions."
Legal Context
The case continues a line of disputes between religious and LGBTQ rights, many originating in Colorado. The court's 6-3 conservative majority has frequently favored religious plaintiffs in recent years, though it has not overturned the 1990 Employment Division v. Smith precedent that generally denies religious exemptions to neutral laws.
Additional Plaintiffs and Impact
Other plaintiffs include St. Mary Catholic Parish in Littleton, Bernadette Catholic Parish in Lakewood, and parishioners Daniel and Lisa Sheley, who say they lost more than $12,000 in tuition assistance because they chose a church-run preschool. The archdiocese operates 34 preschools statewide. Lower courts ruled against the challengers in 2023 before the Supreme Court agreed to hear the case.
