The Supreme Court will decide whether Colorado can make Catholic preschools sign a gender and sexuality nondiscrimination pledge to receive preschool funds.
Story Snapshot
- Colorado’s universal preschool funds come with a nondiscrimination agreement that includes sexual orientation and gender identity.
- Catholic preschools say this violates their faith and bars them from equal access to public benefits.
- Colorado says faith-based providers are welcome if they follow the same rule as everyone else.
- The Supreme Court will test the line between neutral rules and burdens on religion.
What Colorado Requires And Why It Matters
Colorado launched a universal preschool program that pays providers for serving four-year-olds statewide. To join, every preschool must sign a nondiscrimination agreement that covers many traits, including sexual orientation and gender identity. That paper rule sets the whole case in motion. The Archdiocese of Denver and parish preschools say they cannot sign because their admissions and family policies follow Catholic teaching. They argue the rule blocks them from a public benefit unless they change their religious conduct.
Colorado answers that the door is open. State leaders point to dozens of faith-based providers already in the program and say the rule is neutral and the same for all schools. The state also says religious schools can still teach their faith. They only must offer equal enrollment to families, including those who identify as lesbian, gay, bisexual, transgender, or queer. The argument is simple: public money, public rules.
What Lower Courts Said And What The Justices Will Probe
The United States Court of Appeals for the Tenth Circuit upheld the state’s position. The court described the nondiscrimination term as neutral and generally applicable, not a ban on religion, and said the program welcomes faith providers while allowing no carve-outs from equal opportunity. A Colorado federal judge earlier allowed limited religious preference in enrollment, but not exclusion based on sexual orientation or gender identity. Those rulings set the stage for a sharper Supreme Court test of neutral rule versus targeted burden.
The Supreme Court has already told states they cannot deny aid to schools only because they are religious. Cases like Trinity Lutheran, Espinoza, and Carson pushed back on status-based exclusions from public benefits. The fight here flips the script. Colorado does not exclude religious status. It conditions funds on a conduct rule that collides with some religious policies. That difference—status versus use—will likely drive the questions from the bench.
The Heart Of The Clash: Neutral Rule Or Censored Faith?
The Catholic preschools say the condition forces them to accept conduct and family structures at odds with their doctrine. They frame it as the state tying dollars to a demand to change religious practice. That looks like punishment for living out one’s faith, which the First Amendment guards against. They argue that when the state invites all providers, it cannot then disfavor those whose beliefs shape how they serve children and families.
Colorado replies that the line is fair and clear. Every child should get an equal shot at a public seat, and the state cannot fund exclusions based on who a child is or who their parents are. The state also notes that many religious preschools do comply, which undercuts claims of anti-religious bias. In its view, allowing opt-outs would open a path to turn away families for core traits, under a public flag and with public funds.
What Hangs In The Balance For Families, Faith Groups, And States
Families could see either more options or tighter limits. A ruling for the schools could widen access to faith-based seats while protecting religious autonomy, but it may also mean some families face enrollment barriers at publicly funded sites. A ruling for Colorado could preserve a single, uniform rule that every child is welcome at every funded desk, yet it might push some religious providers out, shrinking choices in many neighborhoods.
Religious liberty is back at the Supreme Court. On Tuesday the justices will hear Catholic preschools in Colorado that say the state shut them out of its free preschool program because of their faith.
Colorado offers every 4 year old up to 15 hours of free preschool a week,… pic.twitter.com/51NPcTAUeu
— Words Have Meaning | Word Files (@dlcampbell05) October 30, 2026
States will watch for a new test. If the Court says neutral, across-the-board conditions survive, legislatures may expand similar rules in childcare, healthcare, and foster care. If the Court says such conditions burden religion, governments will need tighter tailoring and more accommodations. The conservative instinct favors equal treatment of religious groups and limited state control over belief-driven conduct. The common-sense goal is also simple: clear rules that neither muzzle faith nor fence out families.
Sources:
law.cornell.edu, law.justia.com, supremecourt.gov, scotusblog.com, abajournal.com, cpr.org, cdec.colorado.gov
