The Supreme Court considered arguments in a case stemming from Colorado’s universal pre-kindergarten initiative, which offers a $6,300 annual benefit to enrolled 4-year-olds funded through tobacco tax revenue. The state’s program includes religious schools on the condition that they comply with anti-discrimination laws prohibiting exclusion based on race, religion, sexual orientation, or gender identity.
The Denver Archdiocese and two parishes challenged the program, seeking an exemption from the state’s anti-discrimination provisions. Representatives for the church argued that Colorado’s law discriminates against Catholic schools by excluding those organized around religious beliefs that the state disfavors. The Becket Fund for Religious Liberty, representing the archdiocese, contended that while enrollment is not limited to Catholics, participants must agree to support Catholic teachings and refrain from publicly contradicting them. The archdiocese reported a 20 percent decline in Catholic school enrollment across the diocese and cited the closure of two preschools, including one serving minority and low-income families.
Proponents of Colorado’s approach noted that the program was designed to ensure access to pre-K education for all 4-year-olds regardless of location. State legislators emphasized that religious organizations, including at least 35 Christian schools, one Muslim school, and three Jewish schools, initially supported the initiative. Some Catholic school administrators filed briefs supporting Colorado, arguing that their institutions successfully serve non-Catholic families while maintaining religious identities.
The case reflects a broader doctrinal shift at the Supreme Court regarding religion and the state. Legal scholars noted that the court’s conservative majority has increasingly prioritized religious exercise protections over church-state separation principles in recent years, a reversal from earlier precedents such as a 1983 ruling that stripped tax-exempt status from Bob Jones University for discriminatory policies.
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