# Why Not Seek the Win/Win?

- URL: https://talkfuse.com/story/why-not-seek-the-win-win/
- Published: 2026-11-11T13:54:18+00:00
- Updated: 2026-11-11T14:28:09+00:00
- Original publisher: Reason (publisher lean: Right)
- Original article: https://reason.com/volokh/2026/11/11/why-not-seek-the-win-win/
- Topics: Politics

## Key points

- Kavanaugh asked why Colorado and Catholic preschools could not compromise.
- About 2,000 preschools participate; 34 Catholic schools are involved.
- Both sides view the dispute as a matter of fundamental principles.

## Summary

Justice Brett Kavanaugh asked why Colorado and Catholic preschools could not reach a “win/win” compromise in a dispute over the state’s universal preschool programme. The case matters because it pits religious schools’ claims to preserve their beliefs against concerns that publicly funded education should offer equal access to children from same-sex-parent families.

Colorado’s programme includes about 2,000 preschools, while 34 Catholic preschools are involved in the dispute; the record identifies no rejected application from a same-sex-parent family. The schools say they should be able to retain their religious admissions policies when taking part in a generally available public programme, while Colorado argues equal access requires consistent rules. The article says compromise is hard because both sides see core principles of religious autonomy, dignity and equality at stake.

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Summarised by TalkFuse (https://talkfuse.com/). Quote the original publisher for the reporting and link this page for the summary and discussion.