From The Conversation · Mark Satta · · 1m 50s
Colorado Preschool Case Tests LGBTQ and Religious Freedom
Colorado’s preschool discrimination law faces Supreme Court challenge over religious freedom and LGBTQ rights.
In brief
Colorado’s preschool discrimination law faces Supreme Court challenge over religious freedom and LGBTQ rights. Colorado’s Universal Preschool Program funding requires nondiscrimination policies, prompting Catholic parishes to sue over First Amendment rights. Originally reported by The Conversation.
Colorado’s Fourth Supreme Court Case
St. Mary Catholic Parish v. Roy will be the fourth Colorado case in ten years to reach the Supreme Court over LGBTQ rights and religious freedom.
Universal Preschool Program Requirement
Colorado’s Universal Preschool Program funds only preschools that agree to a nondiscrimination policy forbidding denial of admission based on sexual orientation or gender identity.
Catholic Parishes Sue
Two Catholic parishes in the Archdiocese of Denver, St. Mary in Littleton and St. Bernadette in Lakewood, sued claiming the policy violated their First Amendment right to practice religion.
Colorado’s Legal History
Colorado was the source of five Supreme Court cases over LGBTQ rights in thirty years, including Romer v. Evans, a 1996 case that recognized equal protection for queer people.
Romer v. Evans Case
In 1992, Colorado passed a constitutional amendment banning discrimination against gay, lesbian, and bisexual people, which the Supreme Court ruled unconstitutional in a 6-3 decision.
Role Reversal in Colorado
Colorado has become increasingly blue while the Supreme Court gained a conservative supermajority siding with religious groups opposing LGBTQ protections.
Masterpiece Cakeshop Case
In 2018, the Supreme Court vacated a ruling against a baker who refused to make a wedding cake for a same-sex couple, citing procedural grounds.
303 Creative Case
In 2023, the Supreme Court ruled a web designer had a First Amendment right to refuse making wedding websites for same-sex couples without acknowledging discrimination.
Chiles v. Salazar Case
In March 2026, the Supreme Court ruled Colorado’s conversion therapy ban violated First Amendment rights by being viewpoint discrimination.
The big picture
Colorado’s Universal Preschool Program funding requires nondiscrimination policies, prompting Catholic parishes to sue over First Amendment rights.
