From Slate Magazine · Madiba K. Dennie · · 1m 20s
Supreme Court Rules on LGBTQ+ Preschool Discrimination
Supreme Court may force states to fund religious discrimination against 4-year-olds.
In brief
Supreme Court may force states to fund religious discrimination against 4-year-olds. Supreme Court could require states to subsidize religious groups denying preschool access to LGBTQ+ children. Originally reported by Slate Magazine.
Colorado's Universal Preschool Program
Colorado law allows 4-year-olds to access free preschool regardless of parental sexual orientation or gender identity.
“Any 4-year-old in the state can receive free early education”
Two Catholic Preschools Sue
St. Mary and St. Bernadette parishes sued Colorado over state funding for preschools that accept LGBTQ+ children.
“enrolling transgender children and the children of same-sex couples in their preschools would directly conflict with their faith”
Legal Challenge
Parishes claimed Colorado's policy violated their First Amendment rights by requiring them to accept LGBTQ+ children.
“the state violated their First Amendment rights by making access to otherwise-available public funds dependent on compromising their sincerely held religious beliefs”
Lower Court Ruling
Lower court found parishes had no evidence of practical problems preventing LGBTQ+ parents from finding preschools.
“We have little evidence of a practical problem by which LGBTQ+ couples cannot find other preschools”
Supreme Court Oral Arguments
Liberal justices worried about religious exemptions from antidiscrimination laws while conservative justices showed little concern.
“a favorable ruling would cause the law to devolve so that any person could invoke religious freedom and become a law unto himself”
Brett Kavanaugh's View
Kavanaugh argued there are thousands of other preschools and 'plenty of opportunities' for LGBTQ+ parents to find alternatives.
“why not seek the win-win”
Justice Jackson's Concern
Jackson stressed there is no principled basis to distinguish religious groups claiming discrimination against LGBTQ+ children from those claiming discrimination against Black children.
“no principled basis to distinguish a religious entity which claims my religious faith says my children can't go to school with the children of gay people”
Sotomayor's Perspective
Sotomayor explained parishes want to reject children because their parents are homosexual and receive state funding for that rejection.
“reject a child because their parents are homosexual”
Potential Outcome
Supreme Court may require states to fund religious discrimination against 4-year-olds.
“the court could ultimately compel states to use public dollars to subsidize private discrimination”
The essence
Supreme Court could require states to subsidize religious groups denying preschool access to LGBTQ+ children.
