The Supreme Court on Monday agreed to hear a case brought by the Archdiocese of Denver challenging Colorado's state-funded preschool program, marking the latest clash between religious rights claims and nondiscrimination laws.
The archdiocese, which operates 34 preschools serving thousands of families across Colorado, argues it should be exempt from a nondiscrimination provision in the preschool program that prohibits refusing admission to any child on the basis of sexual orientation and gender identity. The archdiocese says this conflicts with Catholic religious doctrine that does not recognize same-sex relationships or transgender status.
What the Right Is Saying
Conservative legal advocates and religious freedom supporters say the case represents an important test of whether religious institutions can participate in public programs without abandoning their core beliefs.
The Trump administration filed a brief supporting the archdiocese, urging the court to take up the case. The administration argued that religious entities should not be forced to choose between participating in government programs and adhering to their faith teachings.
Archdiocese lawyers have focused on the 1990 Supreme Court ruling Employment Division v. Smith, which established that religious exemptions are not required when a law applies equally to everyone. However, they argue this case is different because the preschool program already contains numerous exemptions and loopholes — preschools can prioritize children with disabilities and those from low-income families. Therefore, they argue, the law does not apply equally and exemptions should be granted.
The Catholic parishes involved — Holy Cross Parish in Littleton and St. Mary Parish in Lakewood — along with parishioners Daniel and Lisa Sheley who have five children including two currently in preschool, have joined the lawsuit seeking a religious exemption.
What the Left Is Saying
Progressive advocates and legal experts argue that allowing religious exemptions to nondiscrimination laws would create a two-tier system where certain families could be denied services based on religious beliefs. They point to the importance of protecting LGBTQ+ children and families from discrimination in publicly funded programs.
The state of Colorado has countered that the nondiscrimination provision contains no exemptions and applies equally to all participating preschools. State lawyers argue that under existing Supreme Court precedent, particularly Employment Division v. Smith (1990), religious exemptions are not required when a law applies neutrally to everyone.
LGBTQ+ rights organizations have emphasized that allowing religious exemptions in this context could set a dangerous precedent, potentially enabling discrimination in other government-funded programs. They note that the preschool program was approved by Colorado voters through a 2020 referendum as part of an effort to expand early childhood education access.
What the Numbers Show
The archdiocese operates 34 preschools in Colorado, representing a significant portion of the state's early childhood education options in some communities.
The preschool program was approved by Colorado voters through a 2020 statewide referendum, representing a major expansion of publicly funded early childhood education.
The Supreme Court currently has a 6-3 conservative majority that has increasingly backed religious rights claims in recent years. The court has issued a series of rulings expanding religious entities' participation in government programs, including cases involving education funding and faith-based organizations.
The archdiocese lost its initial lawsuit in federal district court in 2023 and subsequently lost on appeal before the Denver-based 10th U.S. Circuit Court of Appeals before the Supreme Court agreed to hear the case.
The Bottom Line
The Supreme Court's decision to take up this case signals its willingness to further define the boundaries between religious liberty and nondiscrimination requirements in government-funded programs. The case could potentially expand religious exemptions beyond current precedent, affecting not just preschool programs but other government initiatives that involve religious entities.
Oral arguments will likely be scheduled for the court's next term, with a decision expected by mid-2027. The ruling could affect thousands of families who rely on religiously affiliated schools and social services that receive government funding.
Legal observers will be watching to see whether the court relies primarily on Employment Division v. Smith or potentially revisits that precedent, which has been a foundation for restrictions on religious exemptions since 1990.