High Court to Review Catholic Preschool Challenge to Colorado Program

WASHINGTON — The nation’s highest court announced Monday it will examine claims from Catholic preschools in Colorado who believe their constitutional rights were trampled when state officials blocked them from participating in a publicly funded early childhood program.

St. Mary Catholic Parish has petitioned the Supreme Court with backing from the previous Trump administration, claiming discrimination based on their religious beliefs.

Working alongside the Archdiocese of Denver, these educational facilities contend that blocking their participation in Colorado’s taxpayer-supported universal preschool initiative violates the Constitution, particularly since the exclusion stems from their faith-driven policies regarding enrollment of children from LGBTQ+ households.

Colorado officials maintain that faith-based institutions can join the program but must comply with anti-discrimination requirements. Voters approved the initiative through a 2020 ballot measure, establishing public financing for no-cost preschool education at facilities chosen by families.

This marks another religious freedom dispute before the conservative-leaning Supreme Court, which has previously sided with religious discrimination claims while showing less support for LGBTQ+ rights arguments.

The justices will also examine potentially limiting a significant 1990 ruling involving religious peyote use, where the hallucinogenic cactus was central to spiritual practices. That decision, authored by the late conservative Justice Antonin Scalia, determined that religious activities don’t automatically exempt followers from laws that apply to everyone.

The court rejected requests from the schools and a Catholic family in Colorado to completely overturn that precedent.

Arguments are scheduled for this fall.