Supreme Court Signals Possible Win for Catholic Pre‑Schools Seeking LGBTQ Exclusion in Colorado
The conservative bloc of the U.S. Supreme Court appeared poised on Tuesday to allow Catholic preschools to deny enrollment to children of gay and trans parents while still receiving state funds.
Background of Colorado’s State‑Funded Pre‑K
In 2022 Colorado launched a universal pre‑kindergarten program that pays $6,300 per child each year. The initiative is open to all four‑year‑olds, including those enrolled in religious schools, provided the schools obey the state’s nondiscrimination law covering race, religion, ethnicity and other categories.
While Catholic Charities continues to participate, the Denver archdiocese contends that complying with the nondiscrimination mandate violates the Constitution’s free‑exercise guarantee. The archdiocese seeks an exemption that would let it receive state money while excluding children of gay and trans parents.
Supreme Court Hearing Highlights
On Tuesday the Court’s conservative majority appeared ready to grant that exemption. Justice Neil Gorsuch expressed frustration, asking whether “we were just wasting our time for the last ten years on those cases,” implying Colorado is deliberately flouting prior rulings.
Justice Amy Coney Barrett questioned Colorado’s foresight, noting, “It’s hard to imagine that Colorado couldn’t have seen this coming.” Justice Brett Kavanaugh called the state law a “provocation,” suggesting a “win‑win” where the 2,000 non‑Catholic schools accommodate LGBTQ families while the 34 Catholic schools follow their religious convictions.
Justice Samuel Alito added that there is “little evidence of a practical problem” and doubted that LGBTQ couples cannot find alternative preschools.
State’s Counterargument
Colorado Deputy Solicitor General Helen Norton cited a specific rejected applicant to illustrate the real‑world impact. She urged the Court to consider parents who need a school that opens at 7 a.m. for work‑day bus schedules or who require a single location for all three children, arguing that these schools are not easily interchangeable.
Liberal Justices Push Back
Justice Ketanji Brown Jackson warned that the case lacks a principled distinction, comparing the proposed exclusion of LGBTQ families to historic bans on Black children. Justice Elena Kagan responded with sarcasm, stating that even if religious schools are treated the same on the statute’s face, they still “need a special accommodation” and need to be treated differently from other people.
What’s at Stake?
If the Court sides with the Denver archdiocese, Colorado’s universal pre‑K could permit religious schools to deny enrollment based on parents’ sexual orientation or gender identity while still receiving public funds. Conversely, a decision favoring the nondiscrimination law would require all participating schools to accept every child, regardless of family background.
The case underscores a clash between free‑exercise claims and state efforts to ensure equal access to publicly funded education, a tension that could shape similar disputes nationwide.
