San Francisco Frontiers - Top US court to hear case of Catholic schools excluded from state funding

Colorado provides state funding for tuition at public or private preschools, including faith-based institutions, but has withheld it from Catholic preschools for violating nondiscrimination laws.

The Catholic Archdiocese of Denver, two Catholic parishes in Colorado and two parents, Dan and Lisa Sheley, filed suit, but lost in lower courts, prompting the appeal to the Supreme Court.

"All we want is the freedom to choose the best preschool for our kids without being punished for our faith," the Sheleys said in a statement. "Colorado promised families a universal preschool program, then cut out families like ours because we chose a Catholic education."

Nicholas Reaves, an attorney representing the schools and Sheleys, said, "Colorado promised free preschool for all, then slammed the door on families who chose a religious education for their children."

Colorado, in a filing with the Supreme Court, said participants in the preschool program must enroll children regardless of their race or religion or the sexual orientation or gender identity of the child or their parents.

"Petitioners seek an exemption from this law to allow them to receive public funding while turning away preschoolers because of their, or their parents', gender identity or sexual orientation," the state said.

The conservative-dominated Supreme Court has sided with religious rights claims in a number of recent high-profile cases, several of which have involved Colorado.

In 2018, the court ruled in favor of a Colorado baker who declined to make a wedding cake for a same-sex couple, and last month the court backed a Christian therapist who challenged a Colorado law banning "conversion therapy" for LGBTQ minors.

The Supreme Court is expected to hear the Catholic preschools case during its term beginning in October and issue a ruling by June 2027.

P.Thomas--SFF