Second Federal Court Tells Colorado – Stop Discriminating Against Religious Schools

​Colorado's attempts to exclude Catholic preschools from its universal preschool program has faced another legal setback. A federal court in Colorado ruled that the state violated the Constitution by excluding religious schools based on their requirements for religious affiliation. This decision follows a lawsuit filed by St. Mary’s and St. Bernadette’s Catholic preschools, supported by the Becket Fund for Religious Liberty.
 
The court's 101-page opinion criticized Colorado's approach, stating it “created an unworkable scheme that breaches the appropriate limits on state power.” The court found no compelling interest for the state's exclusion of Catholic preschools. This decision marks the second federal court ruling against Colorado's universal preschool program.
 
In 2022, Colorado launched its universal preschool program, aiming to provide 15 hours of free education per week to preschoolers at private or public schools chosen by their parents. Despite the program’s intent to be inclusive, the state's Department of Early Childhood imposed restrictions that excluded all Archdiocesan Catholic preschools, affecting over 1,500 children at 36 schools.
 
The lawsuit argued that excluding these schools deprived families of critical resources based on their religious beliefs. The Supreme Court has repeatedly affirmed that the government cannot deny public benefits due to religious affiliation. This principle was upheld in the recent ruling, reinforcing the notion that “universal” should indeed mean universal.
 
The court's decision underscores the importance of religious freedom in public benefit programs. As Nick Reaves, counsel at Becket, remarked, “Of course a Catholic school shouldn’t be punished for caring about its students’ religion.” The ruling emphasized that the state's exclusionary practices are not only unconstitutional but also unjust.
 
At St. Bernadette’s, 86 percent of students qualify for free and reduced-price school meals, and 64 percent are English as a Second Language learners. St. Mary’s also supports many families through scholarships and tuition discounts.
 
This legal victory for Catholic schools in Colorado may face further challenges. The state could appeal the decision to the Denver-based U.S. Court of Appeals for the Tenth Circuit. However, the ruling provides a strong precedent against religious discrimination in public programs.
 
Colorado's attempt to exclude religious schools from its universal preschool program has been firmly rebuked by the courts. This case reaffirms the constitutional principle that public benefits cannot be denied based on religious beliefs, ensuring that all families have the freedom to choose the best educational environment for their children. Protect The 1st will be watching this case closely.