Supreme Court Reviews Catholic Preschool Access In Colorado

Religious Rights And State Funding

The Supreme Court recently heard arguments regarding a legal battle between the Archdiocese of Denver and the state of Colorado. At the center of the dispute is a taxpayer-funded universal preschool program established via a 2020 statewide referendum. This program allows parents to use public funds to send their children to a preschool of their choice. However, Colorado law prohibits any entity from participating in the program if they refuse admission to children based on the gender identity or orientation of the child or their parents.

Catholic entities, including the Archdiocese of Denver, St. Mary Catholic Parish in Littleton, and Bernadette Catholic Parish in Lakewood, argue that these requirements conflict with their religious doctrines. Because their faith does not recognize certain relationships or statuses, they contend that being forced to comply with the state’s antidiscrimination rules in order to receive funding violates their First Amendment rights to the free exercise of religion. The plaintiffs seek an exemption that would allow them to participate in the program while maintaining their religious standards.

Judicial Perspectives On Accommodations

During the proceedings, the court’s conservative majority appeared sympathetic to the religious challengers. Several justices suggested that the state’s refusal to grant an accommodation might mirror past instances of discrimination against religious groups, even if the law was written to apply to everyone generally. Justice Neil Gorsuch referenced a decade of rulings that have increasingly allowed taxpayer money to flow to religious schools and organizations, questioning if previous legal barriers had become obsolete.

Justice Amy Coney Barrett expressed skepticism regarding the state’s position, suggesting that Colorado likely knew its blanket requirements would exclude entities with contrary religious beliefs. Meanwhile, Justice Brett Kavanaugh questioned the necessity of enforcing these specific provisions, noting that families have thousands of other preschool options. He suggested a balanced approach where the rights of religious believers are respected while families continue to have ample choices among the 2,000 available schools.

In contrast, the court’s liberal justices raised concerns about the implications of granting such exemptions. Justice Ketanji Brown Jackson questioned whether the Catholic entities were seeking a special rule for religious schools that other institutions would not receive. She argued that by refusing to accommodate certain families, these preschools are effectively practicing exclusion.

Legal Precedents And Arguments

The case touches upon a long-standing legal tension regarding the First Amendment. A 1990 ruling, Employment Division v. Smith, established that religious exemptions are not mandatory when a law applies equally to all citizens. While the court has not overturned that specific ruling, it has frequently ruled in favor of religious plaintiffs in recent years. For instance, a 2021 decision allowed a Catholic group to participate in a Philadelphia foster care program despite its views on same-sex couples.

The Catholic challengers further argue that the Colorado program already allows for some discretion. Currently, schools can prioritize children from low-income families or those with disabilities. The plaintiffs claim these existing loopholes contradict the state’s claim of a strict equal access requirement. Colorado’s legal team countered this by stating that prioritizing disadvantaged populations serves a specific state interest and is consistent with their overall approach to equal access.

Among the plaintiffs are Daniel and Lisa Sheley, parishioners at St. Mary who have seven children. Their lawyers stated that the couple has been unable to access more than $12,000 in tuition assistance because they chose to enroll their children in the church-run preschool. The archdiocese currently operates 34 preschools across the state. While some preschools operated by Catholic Charities do participate in the program, they operate under a different mission and do not require adherence to church teachings. A final ruling on the matter is expected by the end of June.