The case centers on whether Catholic preschools must accept children of same-sex couples to qualify for state funding.
The U.S. Supreme Court recently agreed to hear a challenge involving Colorado’s universal preschool program and whether Catholic preschools were improperly excluded from participation. The state program provides publicly funded preschool hours for eligible children, requiring providers to offer “an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability.”
Catholic parishes, parents, and the Archdiocese of Denver stated in their petition that the state of Colorado “nonetheless permits numerous exemptions from this requirement, both categorical and discretionary, allowing preschools to admit only ‘children of color,’ ‘gender-nonconforming children,’ ‘the LGBTQ community,’ low-income families, and children with disabilities.”
However, “Colorado excludes Catholic preschools because they admit only families who support Catholic beliefs, including on sex and gender,” the petition explained.
The case may also shape how courts apply the 1990 Employment Division v. Smith decision, which generally allows neutral laws that incidentally burden religious exercise. Some justices have previously raised concerns about that precedent, though the high court has not overturned it. Arguments are expected in the Court’s next term, with a ruling likely next year.
As the Lord Leads, Pray with Us…
- For the Supreme Court justices as deliberate the balance of religious liberty and equal treatment under the law.
- For Colorado officials, Catholic parish leaders, parents, and educators as they engage in the religious freedom case.
- For parents and families seeking preschool opportunities for their children in the context to their values.
Sources: Daily Caller, The Hill, Townhall





