The key facts

  • Colorado subsidizes preschool education, including at religious institutions, but refused the Catholic preschools for violating anti-discrimination laws
  • The plaintiffs — the Archdiocese of Denver, two parishes, and the Shieli family — lost in the lower courts
  • The state insists that program participants must accept children regardless of the sexual orientation and gender identity of the parents

A dispute over public money and anti-discrimination rules

The US Supreme Court on Tuesday heard a lawsuit brought by two Catholic preschools, challenging a requirement from the state of Colorado: in order to receive public funding for education, they must accept children of gay or transgender parents. The report comes from AFP. Colorado subsidizes preschool tuition at public and private institutions, including religious ones, but refused the Catholic preschools because, in the state's assessment, they violate anti-discrimination laws by not admitting children from such families.

The parties' positions

The lawsuit seeking a religious exemption was filed by the Catholic Archdiocese of Denver, two parishes, and Dan and Lisa Shieli, a married couple who are parents of preschoolers. They lost in the lower courts and turned to the highest instance. 'We simply want the freedom to choose the best preschool for our children without being punished for our faith,' the Shielis said, adding that the state 'promised families a universal preschool program and then excluded families like ours.' Mark Rienzi, head of the legal organization Becket Fund for Religious Liberty, which represents the plaintiffs, argues that Colorado in effect allows reimbursement only to families whose beliefs on sex and marriage are 'acceptable to the government.' In turn, in a filing with the Supreme Court, the state stated that program participants are required to accept children regardless of the race, religion, sexual orientation, or gender identity of the child and their parents: the plaintiffs, in Colorado's wording, 'seek an exemption from this law so they can receive public funding while turning away preschoolers because of their or their parents' gender identity or sexual orientation.'

Context and timeline for the ruling

The case is being considered by the court's conservative majority, which includes three justices nominated by Republican Donald Trump and which has previously repeatedly backed religious-rights claims, with several high-profile cases also involving Colorado: in 2018 the court sided with a baker who refused to make a cake for a same-sex couple, and later supported a Christian therapist who challenged the state's ban on 'conversion therapy' for LGBT minors. A ruling in the preschool case is expected by June 2027.