Catholic Preschools BLOCKED From Taxpayer Program They Funded

The Supreme Court has agreed to hear a landmark case that could determine whether states can force religious schools to abandon their faith-based admissions policies as the price for participating in taxpayer-funded programs.

Story Snapshot

Supreme Court will decide if Colorado can exclude Catholic preschools from its Universal Pre-K Program for refusing to admit students based on sexual orientation and gender identity
Two Catholic parishes sued after being barred from the voter-approved program despite overwhelming public support for universal preschool access
Lower courts unanimously sided with Colorado, calling the state’s approach a “model” for other states to follow
Trump administration has backed the Catholic schools, calling lower court decisions “deeply problematic”

Colorado’s “Universal” Program Excludes Catholic Schools

Colorado voters approved the Universal Preschool Program in 2020 with 68 percent support, funded through tobacco taxes to provide approximately $6,000 per child for 15 hours of weekly preschool. The program allows parents to choose public or private schools, including faith-based institutions. However, when Catholic preschools across the Archdiocese of Denver attempted to participate, state officials imposed nondiscrimination requirements prohibiting schools from considering sexual orientation or gender identity in admissions decisions. St. Mary Catholic Parish in Littleton and St. Bernadette Catholic Parish in Lakewood filed suit in August 2023, represented by the Becket Fund for Religious Liberty.

Religious Freedom Meets Government Control

The Catholic schools require families to support the Catholic faith and expect staff to adhere to Catholic teaching on sexual ethics and gender identity. The Archdiocese of Denver, which oversees 34 Catholic preschools, argues these schools function as extensions of the church’s ministry and must maintain religious integrity. Colorado officials counter that the program welcomes faith-based providers but requires all participating schools to follow identical nondiscrimination rules. This raises a fundamental question: can government use taxpayer dollars to coerce religious institutions into abandoning their beliefs? The case represents yet another example of bureaucrats imposing conditions that effectively exclude citizens who refuse to abandon their constitutional rights.

Courts Side With State Power Over Religious Liberty

Federal district court and the Tenth Circuit Court of Appeals unanimously rejected the Catholic schools’ arguments. Circuit Judge Richard Federico distinguished this case from prior Supreme Court decisions requiring states to grant religious entities access to public programs, noting Colorado did not categorically exclude faith-based preschools but rather applied uniform nondiscrimination requirements. The Tenth Circuit praised Colorado’s approach as a “model” for other states, a characterization that concerns many Americans who believe government increasingly forces compliance with progressive ideology. The Supreme Court granted certiorari on April 20, 2026, with oral arguments expected in fall 2026 and a decision likely in 2027.

Federal Government Backs Religious Schools

The Trump administration has sided with the Catholic preschools, calling lower court rulings “deeply problematic.” This federal support shifts leverage toward the religious liberty position and reflects broader concerns about government overreach. The Becket Fund framed the issue bluntly: “Colorado promised free preschool for all, then slammed the door on families who chose a religious education for their children.” Catholic families in Colorado face a stark choice: access publicly-funded preschool or maintain their religious values. This predicament illustrates how government programs marketed as universal often come with strings attached that exclude those unwilling to conform to state-mandated orthodoxy.

Implications Beyond Colorado

The Supreme Court’s decision will likely reshape how religious organizations participate in publicly-funded programs across education, healthcare, and social services. A ruling favoring the Catholic schools could allow faith-based institutions to maintain religious admissions policies while accessing public benefits. Conversely, a decision upholding Colorado’s position would empower states to impose ideological conditions on program participation, effectively forcing religious entities to choose between their beliefs and public funding. This case affects not just Catholic families seeking preschool access but all Americans concerned about government’s growing power to dictate which values are acceptable in civic life. The decision will establish whether religious autonomy or bureaucratic control prevails when these competing interests clash.