The Supreme Court heard arguments Tuesday, November 3, on whether religious preschools in Colorado must comply with the state's nondiscrimination requirements to receive public funding, WBUR reports. The Associated Press reports that the Trump administration joined the Archdiocese of Denver in urging the justices to overturn a ruling that let the state-funded preschool program exclude Roman Catholic schools that do not comply with its equal-opportunity requirements. St. Mary Catholic Parish is among the plaintiffs.
Colorado created its Universal Preschool Program through a 2020 ballot measure, Fox News reports. Participating schools must provide eligible children an equal opportunity to enroll regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level or disability. The archdiocese argues that excluding Catholic preschools over their admissions policy for LGBTQ+ families is unconstitutional, and it asked the court to overturn a 10th Circuit decision in the state's favor, according to the AP.
Nicholas Reaves, an attorney for the archdiocese, told the court that letting Catholic schools take part "will create more seats for everyone, even for families who disagree with Catholic teachings." He said it "won't take away a single seat from the over 2,000 preschools already participating in the program." The plaintiffs, represented by the Becket Fund for Religious Liberty, say the state already lets other preschools give priority to children with disabilities or from low-income families, so admissions based on religious beliefs about gender and same-sex marriage should be allowed too, the AP reports. The Catholic preschools say their enrollment has dropped 20% since the program began.
Helen Norton, the attorney for Colorado, told the justices the state is neutral toward religion and welcomes religious preschools. "The only thing Colorado asks is that they comply with the same conditions that every publicly funded preschool must meet, religious and secular alike," she said, according to Fox News. Fox News reports that the court's conservative justices focused on the free exercise claims and signaled clear support for the preschools' argument that the state's conditions amount to religious discrimination.
Erika Nagle, whose children attend the Littleton school, told Fox News Digital that two of her children were denied access to the state's preschool funding, leaving her family to cover the added cost. WBUR's Here & Now spoke with Mark Rienzi, president and CEO of Becket, which represents the Catholic families and preschools. Catholic and evangelical families alike have a stake in how church schools may take part in public programs. Pray for wisdom for the justices, as James 1:5 promises God gives to those who ask.
Read James 1:5
