WASHINGTON – The Trump administration has aligned with the Archdiocese of Denver in a significant legal battle currently before the Supreme Court. They are urging the court to overturn a ruling that permits a state-funded preschool program in Colorado to exclude Roman Catholic schools which do not adhere to specific equal-opportunity requirements. This case marks another pivotal moment regarding religious rights under the conservative-majority court.
A favorable outcome for the Catholic preschools could have far-reaching implications, potentially narrowing a landmark 1990 Supreme Court decision. This decision, articulated by the late Justice Antonin Scalia, determined that religious practices cannot exempt individuals or organizations from laws that apply broadly to the public. This ruling has long been a focal point for conservative legal advocates seeking to reshape the intersection of religion and law.
The Denver archdiocese contends that it is unconstitutional to exclude Catholic preschools from participating in the state’s preschool program based on their admissions policy regarding LGBTQ+ families. The Supreme Court has recently heard arguments regarding the archdiocese’s petition to overturn a decision by the 10th Circuit that favored the state.
Colorado maintains that the exclusion of children from same-sex families would violate the state’s anti-discrimination laws. In contrast, representatives from St. Mary Catholic Parish and the Archdiocese of Denver argue that their admissions policy is rooted in religious teachings regarding same-sex marriage, thus asserting that their exclusion from the program violates their rights to free exercise of religion.
Nicholas Reaves, an attorney representing the archdiocese, emphasized that permitting Catholic schools to participate in Colorado’s publicly funded preschool program would increase enrollment opportunities for all families, regardless of differing beliefs. “This is not a zero-sum game,” Reaves asserted, underscoring that allowing families to access universal preschool funding at Catholic schools would not diminish available spaces in the more than 2,000 preschools already in the program.
The Trump administration’s support for the Catholic institutions has drawn scrutiny, particularly from Justice Sonia Sotomayor. During court proceedings, she expressed concern that the administration’s position implies that children of same-sex couples should be excluded on the basis that their presence presents a problem. “We have a clear line now and you want us to just upend it in one particular area of law,” she remarked, addressing Justice Department attorney Sarah Harris.
The Colorado universal preschool program, established by a ballot measure in 2020, provides public funding for preschool at schools selected by parents. Advocates for the archdiocese, represented by the Becket Fund for Religious Liberty, argue that the state has previously permitted other preschools to prioritize children with disabilities or those from low-income families, suggesting that similar considerations should apply to admissions based on religious beliefs concerning gender and marriage.
The archdiocese has reported a 20% decline in enrollment since the program’s inception. In response, Colorado has maintained that other admission criteria align with the state’s anti-discrimination policies. During the proceedings, Justice Sotomayor directly questioned Reaves about whether a Catholic school could reject a child solely due to their parents being a same-sex couple. Reaves responded affirmatively, maintaining that this could be permissible under sincere religious exercise.
Helen Norton, representing Colorado, reiterated that the state is “neutral toward religion” and welcomes religious preschools to partake in the program, provided they adhere to the same standards applicable to all publicly funded preschools. She emphasized that faith-based preschools retain the right to teach their religious beliefs, including those related to sex or marriage, while families cannot dictate or alter a school’s curriculum.
Justice Brett Kavanaugh raised concerns about a potential “clash of rights” between LGBTQ+ families and religious believers, questioning the necessity of the legal confrontation. Norton countered that preschools are not interchangeable, and families are adversely affected when denied access to publicly funded schools that best meet their needs due to protected class status.
As this case unfolds, its implications for religious freedoms and LGBTQ+ rights continue to resonate across the nation, potentially reshaping the legal landscape surrounding education and discrimination.
___
This story has been corrected to reflect that Justice Sonia Sotomayor, not Justice Elena Kagan, spoke to Justice Department lawyer Sarah Harris during the arguments.
___
Follow the AP’s coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.
