The Supreme Court's conservative majority offered clear support Tuesday for Catholic preschools that claim Colorado's taxpayer-funded program improperly excludes them by unconstitutionally intruding on their religious rights. At issue is whether those private education institutions that deny admission to children of LGBTQ+ parents violate state anti-discrimination laws, and can therefore be denied a generally applicable public benefit. It is the latest high-profile religious rights appeal to reach the high court in recent years, several of them originating from Colorado.
CATHOLIC SCHOOLS, BANNED RIFLES AND ‘CLIMATE LAWFARE’: BLOCKBUSTER FIGHTS AWAIT SUPREME COURT In a lively two-hour oral argument, the justices debated competing interests involving both religious liberty and a state's interest in ensuring equal opportunity for gay and lesbian parents. "I'm hard-pressed to think that, given those [Catholic] teachings, that any homosexual family is going to choose to go to one of these schools, but that should be their choice, not your choice to exclude them," said Justice Sonia Sotomayor to the lawyer for the plaintiffs. "That's what you're asking for...
You want an official statement by the State that I will subsidize you with public money even though – because I have a right to reject children." ANDREA PICCIOTTI-BAYER: COLORADO'S UNIVERSAL PRESCHOOL REVIVES VILE ANTI-CATHOLIC LAWS But Justice Brett Kavanaugh said the state's motives, however well-intentioned, are promoting a kind of conformity that is not constitutionally permissible. "Why not seek the win/win?" Kavanaugh asked the attorney for the state. "There are plenty of opportunities to respect the rights of the religious believers and respect the ability of LGBT parents to find among the 2,000 [Colorado] schools an appropriate fit for their children.
"It seems like this is a would-be solution in search of a problem that is unnecessary to create this clash," he added. "There's an ability for everyone to go to the school, a good school that's a fit for them, and respect religious rights." Colorado established a Universal Preschool Program (UPK) in a 2020 ballot measure, distributing public funds for participating schools, with the requirement they "provide eligible children 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." Two Catholic parishes sued, arguing the policy targets their sincerely held beliefs about same-sex marriage. The archdiocese in the state manages 34 preschools, with a policy to only admit students from families who support Catholic ideology, including on same-sex relationships and gender identity.
They seek exemptions to the Colorado law, arguing their exclusion is a form of religious discrimination in violation of the First Amendment. The Trump administration has signaled its support of the religious plaintiffs. The state counters its public benefit conditions are neutral and generally applied to every preschool.
It provides a $6,300 annual benefit per child for up to 15 hours a week of preschool, with money coming from a tobacco tax. Officials told the nine-member bench that religious schools are free to participate but must abide by nondiscrimination laws, similar to those affecting low-income and disabled students. As part of its review of the Colorado dispute, the high court will decide whether to narrow a 36-year-old precedent that religious practices do not create exemptions from broadly applicable laws.
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