Supreme Court Faces Religious Discrimination Funding Challenge

Supreme Court Oral Arguments

The Supreme Court’s conservative majority appears poised to weaken church-state separation by requiring taxpayer dollars for religious schools that deny admission to LGBTQ families.

“religious people are not being treated the same way as non-religious people”

Colorado Preschool Program

Colorado’s universal preschool program requires religious schools to not exclude children based on race, religion, sexual orientation, or gender identity.

Archdiocese Lawsuit

The Archdiocese of Denver and two parish preschools sued over Colorado’s nondiscrimination policy for religious schools.

Strict Scrutiny Argument

Challengers argue Colorado’s policy should be judged under strict scrutiny, requiring strong government interest and no other means to achieve results.

Kagan’s Concern

Justice Kagan warned that strict scrutiny could lead to endless court cases about religious beliefs versus non-discrimination laws.

“why would we put ourselves in the middle of that”

Jackson’s Concern

Justice Jackson warned strict scrutiny could open doors for race discrimination claims by religious entities.

“could that same logic support a religious entity who says we don’t want to open our schools to students of races that we disagree with”

Alito’s Question

Justice Alito questioned whether Colorado anticipated its nondiscrimination policy would exclude religious preschools.

“we have here a requirement that has a very severe impact on certain religions and that was something that everybody could have anticipated”

Court History

The court has weakened racial diversity policies and allowed states to use race-neutral metrics to disenfranchise minorities.

Likely Outcome

The Supreme Court may let public funds fund religious schools that exclude LGBTQ families, harming educational opportunities for lgbtq children.