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Supreme Court Hears Case on Catholic Preschools and State Funding

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Faith Desk

In Short: The Supreme Court heard arguments on Tuesday in a case involving Catholic preschools' challenge to Colorado's universal preschool program, which excludes schools with discriminatory admissions policies.

The Supreme Court heard arguments Tuesday in a case involving Catholic preschools' challenge to Colorado's universal preschool program, which excludes schools with discriminatory admissions policies.

The Colorado program, established in 2020, funds preschools chosen by parents and requires participating schools to sign a nondiscrimination agreement.

Chief Justice John Roberts noted that the effect of Colorado’s law seemed “pretty much the same” as a Maine law the court struck down in its 2022 Carson v. Makin decision.

The Catholic preschools, managed by the Archdiocese of Denver, argue that their enrollment has dropped 20% since the program started.

Karen Loewy, Senior Counsel and Director of Constitutional Law Practice at Lambda Legal, argued that when the state pays schools to provide preschool programming, the schoolhouse door must be open to every family.

The Supreme Court must decide whether Colorado’s requirement that participating preschools comply with nondiscrimination rules is simply a neutral condition on receiving state funding, or an unconstitutional burden on religious exercise.

The court is expected to issue a ruling in the case by June 2027.

What this adds

Background

What's confirmed

• A win for the preschools could further narrow a landmark 1990 Supreme Court decision that found religious practices don’t create exemptions from laws that otherwise apply broadly.
• The Catholic preschools say their enrollment has dropped 20% since the program started.
• The Colorado program was created in 2020 and funds preschools chosen by parents.
• The plaintiffs, represented by the group Becket Fund for Religious Liberty, say the state has allowed other preschools to prioritize children with disabilities or those from low-income families, so admission based on religious beliefs about gender and same-sex marriage should be allowed, too.
• The archdiocese in the state manages 34 preschools, with a policy to only admit students from ​families who support Catholic ideology, including on same-sex relationships and gender identity.
• But 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.
• Both the federal district court and the Tenth Circuit Court of Appeals ruled for Colorado.

What's still developing

• “In fact, letting Catholic schools in will create more seats for everyone, even for families who disagree with Catholic teachings.” Colorado’s actions were at the center of religious freedom disputes before the high court in 2018, 2023, and earlier this year, losing each case.
• Colorado argues those arrangements comply with its anti-discrimination rules.
• "All we want is the freedom to choose the best preschool for our kids without being punished for our faith," the Sheleys said in a statement at the time.
• The Catholic preschools’ argument had relied heavily on a series of Supreme Court decisions, starting in 2017, that involved religious schools and public funding – and shifted the wall between church and state in education.
• Two Catholic parishes, local parents and the Denver Archdiocese sued the state, arguing that the pre-K program's antidiscrimination protections amount to religious discrimination against the plaintiffs because their schools do not admit children of parents who are transgender or in same-sex relationships.
• Out of 18 free exercise cases the court has resolved since 1990, the court has cited Smith only twice to rule against the religious objector.

Sources

• Bozeman Daily Chroniclelink
• Fox Newslink
• OSV Newslink
• Scotusbloglink
• The Colorado Sunlink
• The Daily Signallink
• YOUR EXlink
• Ewtnnewslink
• AFPlink
• CBS Newslink
• Lambdalegallink
• Todaylink
• Ncronlinelink
• Catholicsunlink
• WarpBeat — background on Supreme Court Hears Case on Catholic Preschools and State Funding link
• PBS NewsHour — video link