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Supreme Court Hears Case on Catholic Preschools and State Funding
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In Short: EdSource and Catholicleague reported that the U.S. Supreme Court will hear oral argument on Nov. 3 in a challenge brought by Catholic preschools in Colorado, which argue that their exclusion from Colorado’s universal preschool program is a form of religious discrimination in violation of the First Amendment.
The Supreme Court heard arguments on Tuesday in a case questioning whether religious schools that receive taxpayer funding can deny admittance to children of parents who are gay or transgender, according to AFP and CBS News. The case involves Catholic preschools in Colorado that argue their exclusion from the state’s universal preschool program is a form of religious discrimination.
AFP reported that the Sheleys, parents involved in the case, said, 'All we want is the freedom to choose the best preschool for our kids without being punished for our faith.' The state of Colorado, however, argued that participants in the preschool program must enroll children regardless of the race, religion, sexual orientation, or gender identity of the child or their parents.
CBS News noted that if the Catholic plaintiffs prevail, the decision would join a line of recent rulings in which the Supreme Court, with a 6-3 conservative majority, has sided with religious institutions challenging their exclusion from state programs, potentially opening the door for more public dollars to flow to religious schools.
AFP and CBS News both noted that the plaintiffs argued that the state has allowed more than 1,000 other preschools to serve 4-year-olds in specific communities by creating exceptions from the very provision it is saying the Catholic schools must follow.
AFP and CBS News also reported that the state of Colorado argued that if the Catholic preschools are to receive public funding, they must be 'subject to the same equal-opportunity requirements that apply to all other publicly funded preschools—public and private, secular and religious.'
According to AFP, the state said, 'Petitioners seek an exemption from this law to allow them to receive public funding while turning away preschoolers because of their, or their parents', gender identity or sexual orientation.'
CBS News reported that the Supreme Court is expected to issue a ruling in the preschools case by June 2027.
AFP and CBS News both noted that the case is part of a broader trend where the Supreme Court has sided with religious institutions in recent rulings, such as the 2018 decision in favor of a Colorado baker who declined to make a wedding cake for a same-sex couple.
AFP and CBS News also noted that the case could have significant implications for religious freedom and the role of religious institutions in public programs.
AFP and CBS News both reported that the U.S. Bishops are arguing that Catholic schools should be allowed to participate in Colorado’s preschool program without compromising their faith.
AFP and CBS News also noted that the case could set a precedent for how religious institutions are treated in state programs.
The case involves 34 Catholic preschools overseen by the Archdiocese of Denver, none of which are currently part of the state program.
What this adds
The case highlights the ongoing debate over religious freedom and the role of religious institutions in public programs. The plaintiffs argue that the state has allowed other preschools to create exceptions, while the state contends that the Catholic schools must adhere to equal-opportunity requirements.
What's confirmed
- Story Title: Supreme Court to hear case on religious freedom and Colorado’s universal preschool program The U.S. Supreme Court will hear arguments on Tuesday in a case questioning whether religious schools that receive taxpayer funding can deny admittance to children of parents who are gay or transgender, NPR reported.
- The Supreme Court will hear oral argument on Nov. 3 in a challenge brought by Catholic preschools in Colorado, which argue that their exclusion from Colorado’s universal preschool program is a form of religious discrimination in violation of the First Amendment, because Colorado will not provide them with an exemption from rules that would require them to admit everyone – including LGBTQ children and children with LGBTQ parents.
- U.S. bishops are arguing Catholic schools should be allowed to participate in Colorado’s preschool program without compromising their faith, and more in this week’s Catholic education news roundup.
- However, Colorado has argued the Catholic preschools ran afoul of a nondiscrimination rule in the program that prohibits participating schools from refusing admission to any child on the basis of the sexual orientation and gender identity of the child or the child’s family.
What's still developing
- The Supreme Court said Friday it will hear the case of a former Bremerton, Washington football coach who was removed from his job because he refused to stop praying on the field.
- Watch FOX 13 Seattle for the latest news: In a statement issued Friday after the court agreed to hear the case, Kelly Shackelford, the head of First Liberty Institute, which is representing Kennedy, said, "No teacher or coach should lose their job for simply expressing their faith while in public."
- Launched in 2013, Aleteia is a free online daily news publication.
- The Supreme Court addressed one such conflict in a case decided in 1983, Bob Jones University v. U.S..
- The Supreme Court begins a new term Monday with significant cases on climate change, religious rights, and immigration.
- The other case is over the administration's mandatory detention policy for immigrants who have been living in the U.S. illegally, even if they've been in the country for years.
- The lawsuit filed by St. Mary Catholic Parish is the latest one involving religious liberties to go before a conservative-majority high court that has taken a broad view of the issue in many recent rulings, Reuters reported.
- The Source: Information for this article was taken from the Supreme Court docket, Fox News, the Associated Press, and Reuters.
- We are looking for the government in Colorado to acknowledge historical wrongs and respect the religious liberty rights of Catholics.
- Interestingly, the Colorado program allows for certain exemptions, but it does not recognize the one requested by Catholic schools.