Education · Denver, CO
Supreme Court Hears Challenge to Catholic Preschools' Exclusion from Colorado Program
The U.S. Supreme Court heard oral arguments Tuesday in a case brought by the Archdiocese of Denver and St. Mary Catholic Parish challenging their exclusion from Colorado's universal preschool program, which was created by a 2020 ballot measure. The Catholic institutions argue that being barred for refusing to admit children of same-sex couples violates their free-exercise rights, while Colorado maintains the policy enforces its anti-discrimination law. The Trump administration joined the archdiocese in urging the court to overturn a 10th Circuit ruling favoring the state. Plaintiffs' attorney Nicholas Reaves said allowing Catholic schools into the program would add seats without reducing access at the over 2,000 participating preschools, and noted enrollment at the Catholic preschools dropped 20% after the program launched. The ruling could affect the landmark 1990 Employment Division v. Smith decision on religious exemptions from generally applicable laws.