The US Supreme Court has heard a case that could determine whether publicly funded Catholic preschools can exclude children of LGBTQ parents. The case centers on a Colorado program that provides state funding to preschools, including those run by religious groups, with the condition that they comply with state nondiscrimination laws. The Denver archdiocese has challenged this requirement, arguing that it violates their constitutional right to free exercise of religion.
Colorado's program, which began in 2022, provides $6,300 per child per year to participating preschools. The program is open to all, including religious groups, but requires compliance with state law barring discrimination based on categories such as race, religion, and ethnicity. The Catholic Church initially supported the program, but the Denver archdiocese has sought an exemption to allow them to bar children of gay and trans parents from their preschools.
The conservative justices on the Supreme Court appeared likely to side with the Denver archdiocese, with Justice Neil Gorsuch expressing frustration that Colorado's law seemed to defy earlier court decisions. Justice Amy Coney Barrett questioned the state's good faith in passing the law, while Justice Brett Kavanaugh suggested that there were plenty of alternative preschools available to children of LGBTQ parents.
However, the liberal justices strongly disagreed with their conservative counterparts. Justice Ketanji Brown Jackson argued that there was no principled basis to distinguish between religious objections to children of gay people and those of Black people. Justice Elena Kagan expressed skepticism that the archdiocese's concerns about complying with the nondiscrimination law were genuine.
Colorado Deputy Solicitor General Helen Norton presented a specific case of a rejected student and argued that the preschools were not easily interchangeable. She highlighted the difficulties that parents might face in finding alternative preschools that met their needs, such as early morning openings or the ability to accommodate multiple children.
The Supreme Court's decision in this case is expected by summer 2027. All six of the court's conservative justices were raised Catholic, as was liberal Justice Sonia Sotomayor. Chief Justice John Roberts was the only conservative to express any skepticism about the archdiocese's argument.
The case has significant implications for the rights of LGBTQ parents and the role of religion in public education. The court's ruling will determine whether publicly funded preschools can discriminate against children based on their parents' sexual orientation or gender identity.
Key points
- The US Supreme Court will decide by summer 2027 whether publicly funded Catholic preschools can exclude children of LGBTQ parents.
