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Why Not Seek the Win/Win?
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.
In short
- 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.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Religious preschools can argue that participation in a broadly available public programme should not require them to abandon faith-based admissions policies that reflect their beliefs. They may also note that the record identifies no rejected application from a same-sex-parent family, and argue that a workable compromise could respect religious autonomy while keeping preschool places available to all.
The case against
Colorado can argue that public funding carries a responsibility to apply equal-access rules consistently, including for children from same-sex-parent families. Allowing participating schools to set exclusions on that basis could undermine the dignity of affected families and make access depend on which provider they approach, even if no rejected application is documented in this case.