ANDREA PICCIOTTI-BAYER: Colorado’s universal preschool revives vile anti-Catholic laws
Colorado’s universal preschool programme excludes Catholic schools whose teaching on marriage, sexuality and gender identity conflicts with the programme’s “equal opportunity” condition. The author argues that this leaves some families paying for faith-based preschool themselves while their taxes support places at other providers, and says the Supreme Court case could test whether states may impose such conditions on religious schools.
The court is due to hear *St. Mary Catholic Parish v. Roy* on 3 November. Colorado’s programme offers eligible four-year-olds a benefit worth about $6,000 a year, but participating schools must accept the condition; families described in the article say this has left them with substantial costs or limited choices. The author compares the rule to historic state “Blaine” provisions aimed at Catholic schools and cites Supreme Court rulings in *Trinity Lutheran* (2017), *Espinoza* (2020) and *Carson* (2022), which addressed religious schools’ access to public benefits.
In short
- Colorado’s preschool funding rules exclude some Catholic schools.
- The Supreme Court will hear a challenge on 3 November.
- Eligible four-year-olds’ benefit is worth about $6,000 annually.
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The case for
Colorado can argue that a publicly funded preschool benefit should be available only to providers that meet a common equal opportunity condition, including when serving families of different backgrounds. Applying that rule to religious and secular schools alike may protect children and families from exclusion and keep public funding aligned with the programme’s inclusive purpose.
The case against
Catholic schools can argue that excluding them because their religious teaching conflicts with the condition penalises them for exercising their faith, while families lose access to a benefit available at other providers. They contend that the state should not force religious schools to change their beliefs or practices as the price of participating in a generally available public programme.
Explained simply
Colorado’s universal preschool programme helps cover the cost of places for four-year-olds at participating providers. Schools must meet programme conditions, including an equal opportunity rule covering marriage, sexuality and gender identity; some Catholic schools say this conflicts with their religious teaching.
The dispute is between Colorado and St Mary Catholic Parish, whose school wants to take part while retaining its religious policies. Families who choose schools that do not participate may face higher costs or fewer options, while public money supports places at other providers.
Earlier Supreme Court cases considered whether states could exclude religious schools from public benefits because they are religious. The court’s decision may clarify how those principles apply when a programme’s conditions conflict with a school’s beliefs.