The Supreme Court’s conservative justices indicated possible support for Catholic preschools opposing a nondiscrimination pledge in Colorado’s state-funded preschool program. The controversy centers on whether Colorado can impose conditions on public funding that clash with certain religious beliefs, without directly naming religion.
Universal Preschool Program Details
In 2023, Colorado introduced its Universal Preschool Program, offering 15 hours a week of free preschool for every four-year-old. The program includes public, private, and religious preschools, contingent on signing a nondiscrimination agreement. This agreement ensures that a child’s or parent’s sexual orientation or gender identity does not affect enrollment.
“I’m not quite sure how you limit the applicability of your principle,” Chief Justice John Roberts said, challenging the arguments from both sides.
Legal Dispute
The legal contention revolves around previous cases: Sherbert v. Verner and Employment Division v. Smith. The former case established strict scrutiny for laws affecting religious practices, whereas the latter upheld general laws applying uniformly, despite religious impacts.
Lawyers for the Catholic parishes argue that Colorado’s requirement violates the First Amendment’s Free Exercise Clause. They note that Colorado provides exceptions for other types of providers but not for religious preschools.
Justices’ Perspectives
Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett scrutinized Colorado’s conditions. They raised concerns about potential biases against religious schools. Meanwhile, Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson stressed the need for equal application of the law without special exemptions.
Chief Justice Roberts played a pivotal role, asking probing questions regarding the scope and implications of both legal philosophies. The parishes also sought to overturn the Smith ruling, but the court declined to consider this.
Public Response
The Trump administration supported the parishes, advocating for stronger protections for religious beliefs in public programs. Erika Nagle, a Colorado resident, highlighted the financial impact on families choosing religious education, claiming a denial of $12,000 in benefits.
The case involves St. Mary Catholic Parish in Littleton, St. Bernadette Catholic Parish in Lakewood, the Archdiocese of Denver, and Catholic parents seeking to utilize public funds for faith-based education.
Previous Colorado Cases
Colorado has faced multiple Supreme Court challenges involving LGBT rights balanced against religious freedoms. Notable cases include a Christian counselor’s conversion therapy, a web designer’s same-sex service requirements, and a baker’s refusal to make a gay wedding cake.
The decision in St. Mary Catholic Parish v. Roy is anticipated by June.
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