The U.S. Supreme Court has agreed to hear a significant case examining whether Colorado can deny state-funded preschool subsidies to Catholic schools that do not comply with nondiscrimination rules requiring admission of LGBTQ+ families. The case stems from a broader legal challenge by administrators of two Catholic preschools, who argue that the state’s conditions for funding violate their First Amendment rights by forcing them to choose between their religious beliefs and access to public support. At the center of the dispute is Colorado’s universal preschool program, approved by voters in 2020, which provides free early education to tens of thousands of children. To participate, schools must agree to offer equal access regardless of factors such as religion, sexual orientation, gender identity, income level, or disability. State officials argue these requirements are essential to ensure fair access to publicly funded services. Lower courts have sided with Colorado, ruling that the law applies equally to all participating schools and does not target religious institutions specifically. Judges relied on the Supreme Court’s 1990 decision in Employment Division v. Smith, which allows neutral, generally applicable laws to stand even if they incidentally burden religious practices. However, the Catholic schools argue that this precedent has led to inconsistent outcomes and should be reconsidered, particularly in light of more recent rulings that have expanded protections for religious institutions in public funding programs. The Supreme Court is expected to hear arguments in the fall.
