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SCOTUS Looks Ready to Let Public Money Fund Religious Discrimination
The Supreme Court’s conservative majority appeared likely to side with Catholic preschools seeking public funding while retaining the right to exclude LGBTQ children and families. The case could further expand the circumstances in which religious institutions receive taxpayer money without following rules that apply to other publicly funded providers.
Colorado’s preschool programme is open to religious schools, provided they agree not to discriminate based on characteristics including race, sexual orientation and gender identity. The Archdiocese of Denver, two parish preschools and two parents argue that this condition infringes religious freedom; Colorado and a lower court say it applies equally to all participating schools. The challengers and the Trump administration want courts to apply strict scrutiny, a demanding test that Ketanji Brown Jackson and Sonia Sotomayor warned could also affect protections against race discrimination.
In short
- Catholic preschools challenge Colorado’s nondiscrimination condition.
- The case concerns access to public preschool funding.
- Justices warned a ruling could reach beyond LGBTQ rights.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Religious schools and families argue that requiring a school to affirm or accept conduct it regards as contrary to its faith makes access to a generally available public benefit depend on surrendering religious convictions. They say the state can protect children without excluding faith-based providers, and that equal treatment requires allowing them to participate on the same terms as other schools while retaining their religious character.
The case against
Colorado argues that public funding comes with neutral conditions designed to ensure every participating preschool serves families without discrimination, regardless of its religious identity. It says schools remain free to teach their beliefs, but the state need not subsidise providers that exclude children or families on protected grounds; weakening that condition could make equal access harder to guarantee across publicly funded services.
Explained simply
Colorado offers public funding to preschools that meet the rules of its state programme. Those rules bar participating schools from discriminating on grounds including sexual orientation and gender identity, and apply to religious and non-religious providers alike.
The Archdiocese of Denver, two Catholic preschools and parents say the condition conflicts with their religious beliefs and limits their freedom to run their schools. Colorado says providers can choose whether to join the programme, but those that do must follow its terms.
The dispute concerns how far government can set conditions on public funding when they conflict with religious practice. The court’s decision could affect other publicly funded religious services and how discrimination rules apply to them.