Colorado Mom's Supreme Court Case Challenges State Preschool Aid Over Religious Exclusion

A Colorado mother is taking her case to the Supreme Court, alleging that the state's universal preschool program discriminates against her family and other Catholic families by denying them $12,000 in taxpayer-funded benefits.

Erika Nagle, whose children attend St. Mary Catholic School in Littleton, Colorado, told Fox News Digital that two of her children were denied access to the state's preschool funding program. This, she claims, forces her family to bear additional educational expenses.

“We are being excluded from this benefit because we are Catholic,” Nagle stated. “And so in a state that preaches inclusion, they are actively going out of their way to exclude a huge chunk of people because of our religious beliefs.”

The dispute centers on Colorado's universal preschool program, which Nagle says provides over $6,000 per eligible child for preschool education. Catholic schools are challenging the program's participation requirements, arguing they unfairly burden their religious tenets and admissions practices.

Colorado launched its preschool funding program in 2023, offering approximately $6,300 to cover 15 hours of preschool per week. The program was promoted as a universal benefit allowing parents to choose among public, private, and religious preschools, leading Catholic families across the state to seek participation. However, Nagle suggests the program's implementation has led to negative consequences for Catholic schools and families.

“We have had two preschools in the archdiocese that have been closed down,” she said, expressing concern that the program is affecting Catholic school enrollment and pressuring families to abandon religious education.

Nagle argued that schools typically have admissions criteria tailored to their communities, such as prioritizing neighborhood children, LGBTQ+ individuals, children with special needs, or low-income families. She questioned why St. Mary's practice of prioritizing Catholic families while welcoming students who respect its religious teachings should be treated differently.

“The state grants $6,000 per family to be used during the year before kindergarten... and you can use it at the school of your choice,” Nagle explained. “And so Catholics are forced to pay the price for the school of our choice, which is Catholic school. And so you have thousands of Coloradans that are being forced to pay more than anyone else.”

The legal challenge raises questions about the extent to which religious schools can participate in publicly funded education programs while upholding their faith-based admissions policies.

“Colorado shouldn’t force Catholic families to give up their choice, which is a faith-based school, and, you know, the state is letting other schools serve their communities, but they’re not letting Catholic families serve their communities,” Nagle said. “And to me, it also makes me wonder, is this by design, is this paving the way for godlessness or for what? Why can’t Catholic families receive this benefit when there are other schools that were granted their exemption for other admissions requirements?”

The Supreme Court heard the case on Tuesday. A spokesperson for the Colorado Department of Early Childhood (CDEC) stated that the department could not comment on pending litigation. Colorado Gov. Jared Polis' office did not immediately respond to a request for comment.