Justices signal support for Catholic preschools in conflict between religious and LGBTQ+ rights

The Supreme Court on Tuesday appeared inclined to side with Catholic preschools challenging Colorado’s universal pre-kindergarten program because the state won’t allow them to exclude children of same-sex parents.

Colorado’s program, approved by voters in 2020, deliberately includes faith-based preschools. But it requires participating schools to follow the state’s anti-discrimination laws, including protections for LGBTQ+ people.

Although some Catholic schools agreed to the requirement, the Archdiocese of Denver and two Catholic parishes filed a lawsuit. They argued that this requirement forced them to choose between participating in a public good and adhering to their religious beliefs, and that Colorado discriminates against religious institutions by refusing to accommodate those beliefs.

“Schools in the Archdiocese of Denver exist to pass on the faith to the next generation. » Nicholas Reaves said a lawyer for the Becket Fund for Religious Liberty representing Catholic parishes during oral arguments Tuesday. “To do this, they ask all families who register to be open and supportive of the teachings of the Church. Because of this sincere religious exercise, the state has denied Colorado families the opportunity to use universal preschool funding in Catholic schools.”