Supreme Court to examine religious freedom in Colorado preschool dispute

The case, St. Mary Catholic Parish v. Roy, represents a continued examination of religious freedom and protections against discrimination. If the Catholic plaintiffs prevail, it would align with recent Supreme Court decisions favoring religious institutions challenging their exclusion from state programs, potentially opening avenues for increased public funding for religious schools.

“This was presented as a universal program, intended to benefit every child in the state,” stated Amanda Dixon, a lawyer with the Becket Fund for Religious Liberty, representing the Catholic preschools and families. “Yet, families have been unable to access the program because they feel religiously obligated to send their children to Catholic schools.”

Colorado’s universal preschool program was established following a 2020 ballot measure aiming to provide free preschool to all 4-year-olds. Families receive reimbursement for up to 15 hours of preschool per week, totaling over $6,000 annually. The program utilizes a mixed-delivery system, allowing public, private, faith-based, and secular preschools to participate, provided they meet state quality standards and sign a contract.

A nondiscrimination requirement mandates that participating preschools provide “equal opportunity to enroll” regardless of factors like race, ethnicity, religious affiliation, sexual orientation, gender identity, income, or disability. Approximately 40,000 children are eligible for the program, served by nearly 2,000 providers.

The Archdiocese of Denver, overseeing 34 Catholic preschools, initially raised concerns about the nondiscrimination rule and sought a religious exemption. The state denied the request, stating that while enrollment preferences were permissible, discrimination based on state statute was prohibited.

As a result, none of the preschools under the Archdiocese’s oversight currently participate in the universal preschool program. In August 2023, the Archdiocese, two Catholic parishes with preschools, and parents filed a lawsuit, alleging a violation of the Constitution’s Free Exercise Clause. They cite a 2022 Supreme Court decision involving a tuition-assistance program in Maine, which found that excluding religious schools violated the First Amendment.

The plaintiffs also point to inconsistencies in state regulations, noting that Colorado has granted exemptions to secular providers for prioritizing enrollment for low-income families and children with disabilities, while denying similar exemptions for religious institutions.

Lisa Sheley, a plaintiff in the case, stated, “We’re being discriminated against because we’ve chosen our Catholic faith and a Catholic education for our children.” She and her husband have lost out on approximately $24,000 in reimbursements. Erika Nagle, another plaintiff, estimates her family would save around $18,000 annually with program participation. “We’re being forced to pay the price because of our Catholic beliefs,” she said.