The Supreme Court will decide whether Colorado can force Catholic preschools to abandon core religious beliefs as the price of participating in a publicly funded program—a case that could determine whether faith-based institutions nationwide retain autonomy or bend to government mandates.
Story Snapshot
- Supreme Court hears challenge to Colorado’s Universal Preschool Program after Catholic schools were barred for refusing LGBTQ nondiscrimination requirements
- Two Denver-area Catholic preschools and the Archdiocese argue the state violated First Amendment protections by excluding them from a $349 million program serving 40,000 children
- U.S. Solicitor General filed brief supporting the Catholic schools, signaling federal concern over religious liberty erosion
- Ruling could reshape school choice programs nationwide and determine whether states can condition public benefits on abandoning faith-based admissions policies
Colorado’s Program Blocks Faith-Based Schools
Colorado launched its Universal Preschool Program in 2023, offering tuition-free preschool to four-year-olds statewide through a mix of public, private, and religious providers. The state requires all participating schools to sign nondiscrimination agreements covering sexual orientation and gender identity. When St. Mary Catholic Virtue School in Littleton and Wellspring Catholic Academy in Lakewood sought to join, they requested exemptions to maintain admissions policies consistent with Catholic teaching. Colorado officials refused, effectively barring the schools from the program while allowing approximately 40 other religious preschools that complied to participate.
Lower Courts Sided With State Control
The Archdiocese of Denver and Catholic parents filed suit in August 2023, arguing the exclusion violated their First Amendment rights. The U.S. Court of Appeals for the 10th Circuit ruled in September 2024 that Colorado’s policy was neutral and generally applicable, upholding the state’s authority to enforce nondiscrimination standards. The court praised Colorado’s approach as a model for other states. The Becket Fund for Religious Liberty appealed to the Supreme Court in November 2024, and the justices accepted the case for their spring 2026 docket. The case arrives amid a conservative majority that has recently favored religious liberty claims in similar disputes.
Federal Government Backs Religious Schools
U.S. Solicitor General D. John Sauer filed a friend-of-the-court brief in January 2025 supporting the Catholic preschools, stating the federal government has a substantial interest in preserving free exercise of religion. This marks a significant shift from previous administrations that often deferred to state nondiscrimination policies. The brief acknowledges competing interests but frames the case as testing whether Colorado is punishing faith-based schools for operating according to religious beliefs. Attorneys for the Catholic schools argue recent Supreme Court precedents in Carson v. Makin, Espinoza v. Montana, and Trinity Lutheran Church v. Comer established that states cannot exclude religious institutions from public benefits based on their religious exercise.
Clash Between Religious Liberty and State Mandates
The case exposes fundamental disagreements over government power and individual conscience. Colorado officials maintain they applied nondiscrimination rules equally to all providers, with no religious hostility. They characterize the policy as protecting vulnerable children and families from exclusion. The Thomas More Society counters that the lower court wrongfully treated deeply held religious beliefs like personal preferences to be disregarded at the state’s whim. The organization warns the ruling gives states a blueprint to exclude religious parents and schools from choice programs while claiming neutrality. Governor Jared Polis praised the 10th Circuit decision, signaling state determination to enforce the requirements.
National Implications for School Choice
A Supreme Court ruling favoring the Catholic preschools could force Colorado to grant exemptions or revise its nondiscrimination policy, potentially allowing faith-based schools to maintain religious admissions standards while receiving public funding. Such a decision would affect similar disputes in Maine and Utah, where courts recently ruled against religious exemptions. The outcome could reshape school choice programs across the country, determining whether states can condition education dollars on compliance with policies that conflict with religious teachings. If the Court upholds Colorado’s position, religious institutions would face a stark choice: compromise core beliefs or forgo access to government benefits, even when secular and compliant religious providers participate freely.
More than 2,000 preschools participate in Colorado’s universal program, yet the two Catholic schools at the center of this case never joined due to the nondiscrimination dispute. Religious families argue they face discrimination for seeking education options aligned with their faith, while LGBTQ advocates warn that exemptions could legitimize exclusion of vulnerable children. The case crystallizes growing frustration among Americans who believe government increasingly favors certain values over constitutional protections, forcing institutions to choose between their principles and participation in public life. The Supreme Court’s decision will signal whether the First Amendment still shields religious exercise from state coercion or whether government can mandate ideological conformity as the price of equal treatment.
Sources:
St. Mary Catholic Parish v. Roy – Religious Freedom Institute
Supreme Court Weighs Colorado Pre-K Religious Liberty Challenge – Law Week Colorado
Catholic Parents and Preschools Ask Supreme Court for Equal Treatment – Becket Fund
Catholic Preschools Appeal to SCOTUS in Colorado Case – Colorado Public Radio
Federal Appeals Court Rules Against Catholic Preschools in LGBTQ Rights Case – Chalkbeat Colorado
