The nation’s highest court announced Monday it will take up a significant case involving religious freedom and LGBTQ rights, examining whether Catholic institutions can avoid Colorado’s anti-discrimination rules for state-funded early childhood education.
The justices will review a challenge brought by Denver’s Catholic Archdiocese and other faith-based organizations seeking exemption from Colorado’s mandate that publicly funded preschools provide “equal opportunity” enrollment to all children, regardless of students’ or parents’ sexual orientation and gender identity.
Denver’s Archdiocese operates 34 Catholic preschool facilities affected by the state’s funding requirements.
The case will likely be heard during the court’s upcoming session starting in October. The Trump administration has expressed support for the Catholic organizations’ position.
Catholic representatives argue Colorado’s policy forces families toward schools that “share the government’s views on these issues,” effectively punishing religious institutions and families with traditional beliefs.
In court documents, attorneys for the faith-based plaintiffs referenced the Supreme Court’s 2015 marriage equality decision, noting the court had indicated “that religious groups would be protected when they dissent from secular orthodoxies about marriage and sexuality.”
The legal team emphasized First Amendment religious freedom protections, writing: “The Free Exercise Clause simply cannot do that important work — which this court has described as ‘at the heart of our pluralistic society’ — if it can be so easily evaded.”
Colorado officials maintain their equal access standards don’t violate religious liberty because the rules are neutral and uniformly applied to all participating organizations.
The two sides disagree about whether Colorado’s preschool initiative allows exceptions for certain secular goals, like prioritizing low-income children or those with special needs, while denying religious accommodations.
A federal district court judge in Colorado ruled in favor of state officials in 2024. The 10th U.S. Circuit Court of Appeals in Denver affirmed that decision last year, leading to the current Supreme Court appeal.
