Supreme Court Hears Catholic Challenge to Colorado Preschool Rules
The Supreme Court hears arguments Tuesday on whether Colorado can exclude Catholic preschools from its universal preschool program. The preschools do not admit children from families that conflict with church teachings on marriage and sexuality.
- 15 hours weekly of free preschool, worth over $6,000 yearly, per child.
- 34 preschools run by the Archdiocese of Denver; none participate.
- 20% enrollment drop since the program began, the Catholic preschools say.
- Trump administration backs the Catholic plaintiffs.
Why it matters: A win for the preschools could further narrow Employment Division v. Smith. That 1990 ruling held religious exemptions aren't required from broadly applicable laws.
- The court ruled for religious schools in Maine and Montana aid cases.
- Roughly 40,000 eligible children attend nearly 2,000 participating providers.
How 26 sources split on this story
Where they split: The dispute is whether Colorado's rule is a neutral condition that applies to every provider or a targeted exclusion of Catholic schools for their beliefs.
Left coverage, 12 sources: The left frames the case as Catholic schools seeking public money while excluding children of LGBTQ parents, testing nondiscrimination law.
Right coverage, 7 sources: The right frames the case as Colorado shutting Catholic preschools out of state funding over their religious beliefs.
What’s next: The justices hear arguments Tuesday, after a district court and the 10th Circuit both sided with Colorado.
- Plaintiffs argue Colorado's admission priorities create exceptions that undercut its equal-access rule.
- Will the court overturn or merely narrow Employment Division v. Smith?
- How would a ruling affect nondiscrimination conditions in other state-funded programs?
