Colorado’s universal preschool program is shutting Catholic schools out, forcing families to pay out of pocket while their taxes fund other options.
A father in Colorado pays out of pocket for Catholic preschool while his state taxes fund other children’s preschools, including a child with spina bifida whose Medicaid coverage is superior.
A mother working at a lumber company and married to a seasonal painter supports six children and a seventh on the way; she once thought Catholic schools were only for the wealthy.
Another mother launched a florist business to afford tuition; three of her children attend a Denver Catholic school while her youngest sits in a Lutheran preschool funded by the state program.
Steve Moore and Ed Pozzuoli argue that funding should follow the child, not the system.
“I’m choosing just a faith, and here I’m being punished for that,” a parent said.
St. Mary School in Colorado faces discrimination claims under pre‑K rules that require an “equal opportunity” clause covering sexual orientation and gender identity, which Catholic schools cannot accept without violating church teaching.
The Sheley family, with seven children and five already at St. Mary, have spent thousands out of pocket on a faith‑based preschool the state will not fund.
Colorado’s universal preschool offers a $6,000 annual benefit, but participation requires a clause that Catholic schools cannot meet.
Blaine Amendments Revived
The Blaine amendment of 1875, born of anti‑Catholic sentiment, sought to bar public money from “sectarian” schools; legal scholars note the term was a code for Catholic institutions.
Colorado’s modern rule mirrors that language, effectively excluding Catholic preschools from the benefit.
Supreme Court Battle Looms
The Court has ruled in Trinity Lutheran (2017), Espinoza (2020) and Carson (2022) that once a public benefit is offered, states cannot deny it to religious schools.
Colorado’s rules bend for providers serving disabled, low‑income, or LGBTQ+ children, but offer no flexibility to Catholic schools, contrary to the expectations of the program’s architects.
The cost is measurable: roughly 1,500 children across 30 schools are shut out, Catholic preschool enrollment has fallen about 20%, and two preschools have closed.
The Supreme Court will hear St. Mary Catholic Parish v. Roy on November 3; the justices should reaffirm that constitutional guarantees cannot be eroded by ideology.
A narrow request allows Colorado to include Catholic providers, preserving the state’s support for private education while respecting religious freedom.
