Supreme Court Considers Catholic Participation in Colorado Preschool Program

Supreme Court Addresses Religious Rights in Colorado Preschool Case

The U.S. Supreme Court convened on Tuesday to hear arguments in a case challenging whether Catholic organizations should be exempt from Colorado's antidiscrimination requirements to participate in a taxpayer-funded universal preschool program. This case is part of a broader legal debate over the intersection between religious rights and LGBTQ protections.

Colorado's Antidiscrimination Provision Under Scrutiny

The Colorado law at the center of the dispute prohibits preschools from participating in the state's universal preschool program if they refuse admission to children based on the sexual orientation or gender identity of the child or the parents. The law, approved in a 2020 statewide referendum, provides state funds for parents to send their children to the preschool of their choosing.

The Religious Challenge and Arguments Presented

The Archdiocese of Denver, along with St. Mary Catholic Parish of Littleton, Bernadette Catholic Parish of Lakewood, and parishioners Daniel and Lisa Sheley, are the primary challengers. They argue that the law conflicts with Catholic doctrine, which does not recognize same-sex relationships or transgender status, and that its enforcement excludes Catholic preschools solely on account of their religious exercise. Their legal team, from the religious liberty organization Becket, described the case as “uncomplicated,” alleging that Colorado knowingly excluded Catholic institutions from participation.

State's Defense and Broader Context of Legal Precedents

Colorado’s legal team, led by Attorney General Phil Weiser, asserts that religious schools are allowed to participate in the preschool program provided they comply with the antidiscrimination provision. The state argues that the Catholic preschools are seeking public funding without wanting to comply with those conditions. According to Colorado, exceptions made for services to children with disabilities or those from low-income families are intended to ensure access for disadvantaged groups and do not conflict with the core antidiscrimination requirement.

This legal battle echoes previous Supreme Court cases from Colorado and elsewhere, such as the 2021 decision involving a Philadelphia Catholic group’s participation in a foster care program and other rulings that have clarified religious exceptions in the context of universally-applied laws. Notably, the Supreme Court has thus far stopped short of overturning the 1990 Employment Division v. Smith ruling, which found that religious exemptions are not constitutionally required for laws applied equally to all.

Taxpayer Funding, Program Loopholes, and Ongoing Debate

The Catholic plaintiffs point out that the state’s program already contains limited exceptions, such as prioritizing children with disabilities and those from low-income families. They argue that these allowances conflict with the state’s assertion of strict equal access. Meanwhile, Catholic Charities, which operates some preschools in Colorado, does participate in the program but has a mission distinct from those run directly by the church and does not require compliance with Catholic teachings.

The Sheley family, parishioners at St. Mary, report being unable to access more than $12,000 in tuition assistance because their chosen preschool does not participate in the program due to these rules. In total, the archdiocese oversees 34 preschools in Colorado.

Lower Court Outcome and Next Steps

The plaintiffs filed their lawsuit in 2023 after losing in the lower courts. The Supreme Court’s willingness to hear the case highlights the continuing importance and complexity of issues surrounding religious liberty, public funding, and antidiscrimination measures in the United States. The court’s current 6-3 conservative majority often rules in favor of religious plaintiffs, but key questions about the boundaries of those rights remain unresolved.

Source: nbcnews.com.