Supreme Court agrees to hear case on Colorado Catholic preschools

The state’s preschool programme requires participating schools to sign an agreement to ensure that all families have an ‘equal opportunity’ to enrol.

The US Supreme Court agreed to rule on whether Catholic preschools in Colorado that decline to enrol children with LGBTQ parents can participate in a publicly-funded state programme.

A lower federal court previously ruled that Colorado’s universal preschool programme did not violate ​the religious rights of the plaintiffs. The US Court of Appeals for the Tenth Circuit unanimously said the state’s conditions were neutral and generally applied to every preschool, regardless of religion.

Two Catholic parish preschools in the Denver area argue that admitting children whose parents are gay or transgender would force them to violate their religious beliefs. They also argue that admission based on religious beliefs about gender and same-sex marriage should be allowed since the state permits preschools to prioritise children with disabilities or from low-income families.

Colorado has countered that religious schools in the state are required to follow antidiscrimination laws. The state’s preschool programme requires participating schools to sign an agreement to ensure that all families have an “equal opportunity” to enrol.

A 2020 ballot measure created the universal preschool programme in Colorado, which provides public funding for parents to choose what preschools to send their children.

The plaintiffs are represented by the Becket Fund for Religious Liberty, a public interest law firm that specialises in First Amendment religious liberty cases.

“The Supreme Court has repeatedly held that states cannot exclude families from government benefits because of their faith. We’re confident the court will say the same thing here and put a stop to Colorado’s no-Catholics-need-apply rules,” said Nicholas Reaves, senior counsel at Becket and attorney for the families and preschools.

While hearing the case, the court may decide whether it will narrow a landmark 1990 decision over the spiritual use of peyote, a cactus with hallucinogenic effects. That opinion set a precedent that religious practices don’t create exemptions from broadly applicable laws.

Attorney General Phil Weiser of Colorado wrote in a legal filing that no publicly funded preschool “can turn away children and families” based on their protected class status.

The Supreme Court agreed to consider the case on 20 April is expected to hear it in the autumn.

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