The case centers on Colorado's 2022 early education initiative, which allocates $6,300 per child annually but requires all participating providers to comply with non-discrimination rules. Catholic preschools contend that adhering to these mandates violates their free exercise rights, leading them to seek an exemption. While conservative justices suggested parents have alternative secular options, liberal justices warned that granting the exemption creates dangerous parallels to race-based exclusions. A final ruling on the matter is expected by the summer of 2027.
Key points
Conservative justices suggested that the availability of nearly 2,000 other preschools pr…: Conservative justices suggested that the availability of nearly 2,000 other preschools prevents the exclusion from causing practical harm.
Liberal justices argued there is no principled distinction between religious exclusions b…: Liberal justices argued there is no principled distinction between religious exclusions based on sexual orientation and those based on race.
The dispute highlights a clash between religious freedom rights and state requirements to…: The dispute highlights a clash between religious freedom rights and state requirements to protect families from discriminatory treatment.
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The Supreme Court's conservative majority seemed inclined Tuesday to rule that the four-year-old children of gay and trans parents can be barred from a state-funded pre-K program.
In 2022, Colorado adopted a state-wide program to provide all four-year-olds with an early education. The program, paid for by the taxpayers to the tune of $6,300 per child per year, was open to all, including religious groups. The only caveat was that the preschool program had to comply with the state law barring discrimination based on race, religion, ethnicity, or other categories.
Although the Catholic Church initially supported the program, and the nonprofit Catholic Charities still participates in it, the Denver archdiocese maintained that compliance with the state's nondiscrimination mandate violates the Constitution's guarantee to the free exercise of religion.
The Denver archdiocese — though not all others in the state — wants an exemption from the law so that it can obtain state funding while at the same time barring from its program the children of gay and trans parents.
The conservative justices on Tuesday seemed likely to oblige their request.…
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