Supreme Court to Review Catholic Preschools’ Exclusion from State Program
The U.S. Supreme Court has agreed to hear a case involving Catholic preschools in Colorado that claim exclusion from a state-funded preschool program due to their refusal to admit children from LGBTQ+ families is unconstitutional. This case marks another significant religious rights discussion for the conservative-majority court.
St. Mary Catholic Parish and the Archdiocese of Denver, backed by the Trump administration, are challenging Colorado’s decision to bar them from the universal preschool program funded by taxpayers. These institutions argue that the state’s actions infringe on their religious rights, as they prioritize admissions based on faith-related beliefs regarding gender and same-sex marriage. They highlight that other preschools are permitted to prioritize children with disabilities or from low-income families.
Colorado maintains that religious schools are welcome to participate in the program, provided they adhere to nondiscrimination laws. The state asserts that decisions based on income and disability align with these requirements. Established by a 2020 ballot measure, the program offers public funding for preschools chosen by parents.
The Becket Fund for Religious Liberty, representing the plaintiffs, expressed approval of the Supreme Court’s decision to hear the case. Nicholas Reaves, a senior counsel at Becket, stated, “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.”
This case will also explore revising a pivotal 1990 decision regarding the religious use of peyote, a hallucinogenic cactus. The ruling by Justice Antonin Scalia determined that religious practices do not exempt individuals from generally applicable laws. The court, however, declined to overturn this decision despite requests from the schools and a Catholic family in Colorado.
In recent rulings, the Supreme Court has shown a tendency to support claims of religious discrimination while adopting a more critical stance towards LGBTQ+ rights. Previously, the court ruled against a Colorado law prohibiting “conversion therapy” for LGBTQ+ minors after a challenge by a Christian counselor. Moreover, in 2022, the court protected a high school football coach’s right to pray on the field post-game.
However, the court reached a stalemate over a proposal to create a publicly funded Catholic charter school, following Justice Amy Coney Barrett’s recusal.
For more updates on the U.S. Supreme Court, visit AP’s Supreme Court coverage.
