Supreme Court to Review Colorado Preschool Funding Case

The Supreme Court has decided to take on a case regarding a Catholic diocese’s challenge involving Colorado’s exclusion of certain schools from a state-funded preschool program that helps families send their children to public or private preschools.

Oral arguments for St. Mary’s Catholic Diocese v. Roy are set for this upcoming fall. This case might reshape the balance between anti-discrimination laws and religious freedoms at the state level.

The Archdiocese of Denver, overseeing 34 Catholic preschools, argues that their schools serve as an extension of their church’s mission. To maintain the religious character of these schools, they assert that all families must adhere to Catholic beliefs concerning issues like sex and gender.

The archdiocese requires both staff and families to sign a statement affirming support for Catholic teachings before enrollment. They stress that all involved must exhibit a positive attitude towards the Catholic Church.

On the flip side, Colorado officials state that the universal preschool program aims to include every child, irrespective of their background or family identity. They emphasize that faith-based educators can join the program, which provides free access to preschool for all four-year-olds in the state, but must comply with the same regulations as secular institutions.

Colorado asserts that “all participating providers, regardless of religious affiliation, must ensure equal opportunities for enrollment and access to preschool services, without regard to a child’s or family’s religion, race, ethnicity, sexual orientation, gender identity, housing situation, income, or disability.” The state has pointed out that lower courts previously established that no exceptions can be made to this equal opportunity requirement.

This exclusion by the state is seen by the archdiocese as an infringement on their religious freedoms. Meanwhile, Colorado views the diocese’s enrollment policies as a potential obstacle to universal civil rights.

During the hearings this fall, the justices will deliberate over whether states have the authority to compel religious organizations to compromise their fundamental beliefs in order to participate in publicly funded programs.