From The Conversation · Preston Green III · · 1m 30s
Religious preschools seek public funding exemptions
Colorado’s religious preschools want public funding but face constitutional challenges over nondiscrimination rules.
In brief
Colorado’s religious preschools want public funding but face constitutional challenges over nondiscrimination rules. The Supreme Court will decide if Colorado’s religious preschools can receive public funding while exempt from anti-LGBTQ+ discrimination rules. Originally reported by The Conversation.
Colorado’s universal preschool program
Colorado launched its Universal Preschool Program in 2023 to give every 4-year-old free publicly funded education.
Religious schools face antidiscrimination rules
Faith-based preschools must not discriminate against students or families based on sexual orientation or gender identity.
Catholic preschools challenge rules
Catholic preschool providers and parents of a preschool-age child challenged Colorado’s antidiscrimination rule in court.
Legal battle over religious freedom
The Supreme Court will hear oral arguments on Nov. 3, 2026, to decide if religious schools can receive public funding without following antidiscrimination rules.
Lower courts side with Colorado
Both a federal district court and the 10th Circuit Court of Appeals ruled Colorado’s rule is neutral and not targeting religious schools.
Historical context of religious exemptions
The 10th Circuit distinguished Colorado’s program from past Supreme Court cases that barred religious schools from public funding.
First Amendment conflict
The Supreme Court must decide if Colorado’s rule is a neutral condition or an unconstitutional burden on religious exercise.
Potential broader impact
A ruling could affect religious exemptions from anti-LGBTQ+ discrimination rules and future civil rights protections.
St. Mary case outcome
The Supreme Court expects a decision by late spring 2027 on whether religious schools can receive public funding without following antidiscrimination rules.
What to remember
The Supreme Court will decide if Colorado’s religious preschools can receive public funding while exempt from anti-LGBTQ+ discrimination rules.
