Supreme Court Weighs Religious Rights in Colorado Preschool Case

The Supreme Court’s conservative majority voiced support for Catholic preschools challenging Colorado’s exclusion of their participation in a taxpayer-funded preschool program. The program allegedly infringes on the schools’ religious rights.

At issue is whether denying admission to children of LGBTQ+ parents contravenes state anti-discrimination laws, thus barring schools from accessing public funds. This case marks another significant religious rights dispute before the court, similar to past cases from Colorado.

Debating Religious Liberty vs. Anti-discrimination

During an engaging two-hour oral argument, the justices examined the balance between protecting religious liberty and ensuring equal opportunities for LGBTQ+ parents. Justice Sonia Sotomayor challenged the plaintiffs’ lawyer, questioning why homosexual families wouldn’t have the choice to send their children to Catholic schools.

“I’m hard-pressed to think that, given those [Catholic] teachings, that any homosexual family is going to choose to go to one of these schools, but that should be their choice,” Sotomayor argued.

Conversely, Justice Brett Kavanaugh saw potential for compromise, suggesting that respecting both religious beliefs and LGBTQ+ parental rights could resolve the issue.

“Why not seek the win/win?” Kavanaugh asked, encouraging a resolution that maintains respect for all parties involved.

Background on Colorado’s Universal Preschool Program

Colorado’s Universal Preschool Program, enabled by a 2020 ballot measure, offers public funds to schools that ensure equal access regardless of various factors, including sexual orientation and religious affiliation. Two Catholic parishes filed a lawsuit against this policy, claiming it targets their beliefs on same-sex marriage.

The Archdiocese manages 34 preschools, admitting only students from families aligned with Catholic views on relationships and identity. The plaintiffs argue this exclusion is discriminatory under the First Amendment.

The Trump administration previously showed support for these religious plaintiffs.

The state contends that its conditions for public benefits are neutral, offering funds to schools that comply with nondiscrimination laws affecting low-income and disabled students.

Supreme Court’s Review and Implications

The Supreme Court will consider whether to revisit a long-standing precedent that religious practices do not warrant exemptions from generally applicable laws. The case, titled St. Mary Catholic Parish v. Roy (25-581), involves St. Mary Catholic School, which claims exclusion from public benefits due to religious beliefs.

Chief Justice John Roberts questioned whether past rulings favoring religious schools should influence this case, noting that previous laws explicitly discriminated against religious schools, unlike Colorado’s.

State attorney Helen Norton argued religious schools remain welcome in the program, provided they meet conditions applicable to all public preschools.

With the decision expected by next spring, the outcome could further define the balance between religious freedom and anti-discrimination laws.