The Supreme Court signaled support for Catholic preschools challenging Colorado's nondiscrimination rule
The Supreme Court appeared likely Tuesday to side with Catholic preschools challenging Colorado’s refusal to exempt them from a nondiscrimination requirement in its universal pre-K program. The preschools want to exclude children of same-sex parents while receiving public funds. The court’s three liberal justices said the schools were seeking a new right to discriminate.
More context
Tuesday’s arguments suggested the Supreme Court may favor Catholic preschools seeking an exemption from Colorado’s universal pre-K nondiscrimination rule. The rule requires participating providers to sign an agreement barring discrimination based on sexual orientation and gender identity.
The Archdiocese of Denver, which oversees 34 Catholic preschools, sought an exemption because the schools enroll only families aligned with Catholic teachings on marriage, family and sexual identity. Lower courts sided with Colorado, finding the provisions neutral and generally applicable. During two hours of arguments, the court’s conservative majority appeared skeptical of the state’s position. Justice Kavanaugh called the rule “a would-be solution in search of a problem.” The court’s three liberal justices argued the schools were seeking a new right to discriminate, rather than equal treatment. More than 2,000 preschools participate in the program, CBS News reported.
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Reporting
- Politico — Justices signal support for Catholic preschools in clash between religious and LGBTQ+ rights - Politico
- Fox News — Supreme Court offers support for Catholic preschools challenging state funding requirements - Fox News
- Los Angeles Times — Supreme Court considers whether a state’s preschool funding rules are discriminatory - Los Angeles Times
- CNN — Supreme Court prepared to rule that publicly funded religious schools can reject children of same-sex couples - CNN
- The Washington Post — Justices seem inclined to side with Catholic preschool that excludes kids of gay parents - The Washington Post
- CBS News — Supreme Court seems likely to side with Catholic preschools in fight over Colorado program - CBS News
- edweek.org — Can This Religious Preschool Exclude LGBTQ Families and Still Get State Funding? - Education Week
Verifier’s note
Politico, Fox News, the Los Angeles Times, CNN, The Washington Post, CBS News, and Education Week each report that the Supreme Court heard arguments over Colorado’s preschool program and Catholic providers’ exclusion, consistent with the proposed event. Above the Law is a roundup that mentions the case but does not itself provide direct reporting.