Supreme Court Hears Colorado Preschool Funding Clash
The U.S. Supreme Court opened a two‑hour oral argument Tuesday on whether Colorado’s universal preschool program violates the Constitution by excluding Catholic schools that deny admission to LGBTQ+ parents.
Key Arguments from Justices
Justice Sonia Sotomayor told the plaintiffs’ lawyer that the state should not force public money onto institutions that reject children based on religious doctrine.
Justice Brett Kavanaugh urged a “win‑win” solution, asking why the state could not accommodate both religious liberty and LGBTQ+ parents’ rights across the state’s 2,000 schools.
Justice Amy Coney Barrett pressed the plaintiffs to explain the difference between outright exclusion and a condition that effectively forces schools to choose between their beliefs and public funding.
Justice Elena Kagan reminded the bench that prior precedent prohibits treating religious institutions differently, questioning whether the state must provide better treatment.
Chief Justice John Roberts warned that recent rulings favoring religious schools on facial discrimination do not apply here, noting Colorado’s law applies uniformly to all preschools.
Plaintiffs Claim Religious Discrimination
Catholic parishes and St. Mary School argue that the program’s nondiscrimination requirement infringes on their sincerely held beliefs about same‑sex marriage and gender identity, violating the First Amendment’s free‑exercise clause.
The Becket Fund for Religious Liberty, representing the plaintiffs, reports a 20% drop in enrollment and the closure of two archdiocesan preschools, saying families are being forced to abandon Catholic education.
State Defends Neutral Policy
Colorado’s attorney Helen Norton counters that the $6,300 annual benefit per child, funded by a tobacco tax, is available to any preschool that meets the same nondiscrimination standards, regardless of religion.
The state emphasizes that religious schools remain free to join the program, pointing out that dozens of Christian, a Muslim, and several Jewish schools already participate.
Legal Precedent and Timeline
The Court will decide whether to narrow a 36‑year‑old precedent that permits broadly applicable laws to impose no religious exemptions.
A ruling is expected by next spring, which could reshape the balance between religious liberty and anti‑discrimination enforcement nationwide.
