Colorado Preschool Program Excludes Catholic Schools Over Gender Identity Clause

Catholic preschools in Colorado are being excluded from the state's universal preschool program due to an "equal opportunity" clause that requires participating schools to adhere to provisions covering sexual orientation and gender identity. This requirement conflicts with Catholic teachings on marriage, sexuality, and identity, leading to legal challenges.

The case, St. Mary Catholic Parish v. Roy, is set to be heard by the Supreme Court on November 3. The dispute centers on Colorado's initiative, which offers an annual benefit of approximately $6,000 per child to eligible four-year-olds. However, Catholic schools cannot agree to the program's terms without compromising their religious tenets.

Parents involved in the lawsuit, such as Dan and Lisa Sheley, who have seven children and send five to St. Mary's, have spent thousands of dollars on faith-based preschool education that the state does not help fund. Other parents have also reported financial burdens, with some taking lower-paying jobs or opting for secular preschools for their younger children while their older ones attend Catholic schools.

Critics of the Colorado program argue that it mirrors historical "Blaine amendments" – a movement from the late 19th century aimed at preventing public funds from going to religious schools, primarily targeting Catholic immigrants. While these amendments were not explicitly anti-Catholic, they were widely understood as such at the time.

Recent Supreme Court rulings, including Trinity Lutheran (2017), Espinoza (2020), and Carson (2022), have established that states cannot disqualify religious schools from public benefits once offered. The plaintiffs contend that Colorado's current mandate operates similarly to these discriminatory laws by effectively barring religious institutions.

Proponents of the universal preschool program, however, note that Colorado's rules do allow for exceptions and can accommodate providers serving specific communities, such as those with disabilities, low-income families, or LGBTQ+ individuals. Yet, they argue, no such flexibility is extended to Catholic schools regarding their faith-based identity.

The exclusion has had a tangible impact, with approximately 1,500 children across 30 schools reportedly shut out of the program. Enrollment in Catholic preschools has declined by about 20%, and two such preschools have closed as a result.

The Supreme Court's upcoming decision could clarify whether states offering benefits for private education must include religious institutions that cannot comply with certain non-discrimination clauses without violating their religious freedom. The families involved are seeking a narrow ruling that would allow Colorado to accommodate Catholic schools, similar to how it permits other specialized providers.