Supreme Court weighs religious rights in Colorado preschool funding dispute

At issue is whether private schools denying admission to children of LGBTQ+ parents violate state anti-discrimination laws and can subsequently be denied public benefits. The case marks the latest in a series of high-profile religious rights appeals reaching the Supreme Court, many originating from Colorado.

During a two-hour oral argument, justices debated the balance between religious liberty and a state’s interest in ensuring equal opportunity for all children. Justice Sonia Sotomayor questioned the potential impact of the policy, stating, “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.”

Justice Brett Kavanaugh suggested a compromise, stating, “Why not seek the win/win? 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.”

Colorado established the UPK program in 2020 through a ballot measure, allocating approximately $6,300 annually per child for up to 15 hours of preschool, funded by a tobacco tax. Two Catholic parishes initiated the lawsuit, arguing the policy infringes upon their sincerely held beliefs regarding same-sex marriage.

The Archdiocese manages 34 preschools, adhering to a policy that prioritizes students from families aligned with Catholic ideology. They seek exemptions from the Colorado law, asserting that their exclusion constitutes religious discrimination.

The Becket Fund for Religious Liberty represents the plaintiffs, who claim the state’s policies have led to a 20% decline in enrollment at Archdiocesan preschools and the closure of two schools. Erika Nagle, a parent whose children attend a Littleton Catholic school, told Fox News Digital that her family has been excluded from the funding program.

Colorado contends its public benefit conditions are neutral and apply to all preschools, regardless of religious affiliation. State attorney Helen Norton stated, “Colorado welcomes religious preschools to its program. The only thing Colorado asks is that they comply with the same conditions that every publicly funded preschool must meet, religious and secular alike.”

The Supreme Court is also reviewing whether to narrow a 36-year-old precedent concerning religious exemptions from broadly applicable laws.