The U.S. Supreme Court April 20 agreed to hear a case over a clash between Catholic preschools and the state of Colorado over whether those schools can participate in the state's universal preschool program.
Two Catholic parishes with preschools in the Archdiocese of Denver have alleged the state of Colorado excluded the religious preschools from participating in the program due to their religious beliefs.
The program provides funds -- up to about $6,000 -- to parents to send their child to the preschool of their choice, public or private, including faith-based schools. However, Colorado has argued the Catholic preschools ran afoul of a nondiscrimination rule in the program that prohibits participating schools from refusing admission to any child on the basis of the sexual orientation and gender identity of the child or the child's family.
Both Catholic preschools ask families "to be supportive of the Catholic faith," Becket, a religious liberty law firm representing the schools, said.
Nicholas Reaves, senior counsel at Becket and attorney for the families and preschools, said in an April 20 statement, “Colorado promised free preschool for all, then slammed the door on families who chose a religious education for their children."
"After three losses in religious freedom cases at the Supreme Court, Colorado should know better," Reaves said. "The Supreme Court has repeatedly held that states cannot exclude families from government benefits because of their faith. We’re confident the Court will say the same thing here and put a stop to Colorado’s no-Catholics-need-apply rules."
In response to Becket's request to the Supreme Court to hear the case, a March 2 filing from the state of Colorado argued, "Petitioners seek an exemption from this law to allow them to receive public funding while turning away preschoolers because of their, or their parents’, gender identity or sexual orientation."
Dan and Lisa Sheley, Catholic parents of seven and Becket clients in the case, said in an April 20 statement, “All we want is the freedom to choose the best preschool for our kids without being punished for our faith."
"Colorado promised families a universal preschool program, then cut out families like ours because we chose a Catholic education," the couple said. "We pray the Supreme Court will remind Colorado that universal means everyone."
The Archdiocese of Denver said on its website it is seeking "equal treatment under the law."
The Supreme Court is expected to hear the case in the fall, Becket said.
