Supreme Court hears Colorado Catholic preschool case

The Archdiocese of Denver on Tuesday urged U.S. Supreme Court to overturn a Colorado law that excluded Catholic preschools from state funding. In St. Mary Catholic Parish v. Roy, the justices are weighing whether Colorado was justified in excluding Catholic preschools from participating in the state’s universal preschool program. The Trump administration has sided with the preschools.

The Centennial State’s taxpayer-funded preschool program barred the Catholic preschools on the basis that the schools’ religious principles didn’t comply with the state’s nondiscrimination requirements. The Catholic preschools requires parents of children to adhere to certain Catholic tenets, which would prohibit children of same-sex couples from attending. The state labeled that stance discriminatory. The plaintiff Archdiocese of Denver argued that the schools’ policy is based on sincere religious beliefs and teachings. The state’s exclusion of the schools from public funding violated the school’s free-exercise rights, it added.

During oral arguments, Justice Elena Kagan questioned why the Trump administration and the Archdiocese of Denver wanted the high court to overturn what she considered a clear line. Justice Brett Kavanaugh suggested that Colorado’s law provoked unnecessary clashes between the parties, and added that he was trying to figure out why the conflict had reached this point.

Helen Norton, an attorney for the state, argued that Colorado was neutral toward religion and would be willing to fund the preschools provided that the schools met the same guidelines as everyone else. But the Catholic preschools argued that since the state allowed other preschools to prioritize admittance for children from low-income families or children with disabilities, prioritizing religious beliefs should be no different. Enrollment at the Catholic preschools has dropped 20% since the introduction of the state-funded program, the schools said.

The Supreme Court has sided with religious schools in other recent disputes, including cases involving participation in publicly funded programs. The high court is expected to rule in the Colorado case sometime next year.