Supreme Court Considers Exemption for Religious Schools in Colorado

The U.S. Supreme Court, dominated by a conservative majority, appeared inclined on Tuesday to support a ruling allowing religious schools to bar four-year-old children of gay and transgender parents from a state-funded pre-kindergarten program. The case is linked to a Colorado initiative established in 2022, which offers early education to all four-year-olds at an annual cost of $6,300 per child, funded by taxpayers. This program is available to all, including religious organizations, provided they adhere to state laws that prohibit discrimination based on race, religion, ethnicity, or other categories.

While the Catholic Church initially backed the program, and its nonprofit arm Catholic Charities continues to participate, the Denver archdiocese argues that the state’s requirement to comply with nondiscrimination laws infringes upon the constitutional right to the free exercise of religion. The archdiocese is seeking an exemption that would allow them to receive state funding while excluding the children of gay and transgender parents.

The conservative justices seemed supportive of the archdiocese’s request. Justice Neil Gorsuch questioned Colorado’s enforcement of state laws, hinting at previous court decisions. Justice Amy Coney Barrett expressed doubts about the state’s intentions, suggesting that Colorado should have anticipated conflicts with religious institutions. Justice Brett Kavanaugh highlighted the multitude of available schools, questioning why a compromise could not be reached to respect both religious rights and the needs of LGBTQ families. Justice Samuel Alito remarked on the lack of evidence indicating that LGBTQ families are unable to find suitable alternative preschools.

In contrast, Colorado Deputy Solicitor General Helen Norton presented a case involving a rejected student, emphasizing the unique needs of families and the difficulties they face in finding suitable alternatives. She urged the court to consider logistical challenges faced by parents, such as finding schools with compatible schedules and accommodating multiple children.

The court’s liberal justices strongly opposed the conservative stance. Justice Ketanji Brown Jackson questioned the rationale of distinguishing between discriminations based on religious beliefs. Justice Elena Kagan remarked on the perceived need for special treatment of religious institutions. Justice Sonia Sotomayor addressed the legality of excluding children based on their parents’ sexual orientation.

Chief Justice John Roberts was the sole conservative justice showing some skepticism toward the archdiocese’s argument. Notably, all six conservative justices and liberal Justice Sotomayor have Catholic backgrounds. A ruling on this contentious issue is expected by summer 2027.