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The ruling allows the preschools to prioritize the enrollment of Catholic students.
COLORADO, USA — In a ruling on Tuesday, a federal judge rejected most claims from two Catholic schools in Colorado that argued that state’s Universal Preschool Program unfairly infringed on their religious rights to discriminate against LGBTQ+ students and families.
The program, administered by the Colorado Department of Early Childhood, gives eligible families at least 15 hours per week of free preschool for four-year-olds and 10 hours per week to three-year-olds.
The Universal Preschool Colorado Program Service Agreement specifies that providers give equal opportunity to enroll and receive preschool services “regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level or disability.”
A lawsuit filed last year by the Denver Archdiocese focused on two Catholic preschools, St. Mary’s Catholic Parish in Littleton and St. Bernadette Catholic Parish in Lakewood. The lawsuit argued it was the schools’ first amendment right to exclude gay couples, prioritize Catholic students and hire Catholic staff.
Both preschools refused to follow the state’s agreement, so their students did not get any free hours from the state. The schools require staff to sign employment contracts that affirm they will uphold Catholic teachings on life, marriage and human sexuality, and abiding by these teachings would violate the state’s requirement for preschool providers, the lawsuit says.
In a 101-page decision, U.S. District Judge John Kane rejected the argument that the state’s nondiscrimination clause was not religious discrimination and applies to every school. “After moving through each of these considerations, I conclude, in accordance with my findings of fact, that the equal-opportunity requirement is neutral and has been applied to Plaintiffs in a neutral manner,” the decision says.
Kane did give the Catholic schools a partial victory by allowing them to prioritize the enrollment of Catholic students. The state’s universal preschool program allows religious preschools to reserve seats for members of their congregation.
In his ruling, Kane found the congregation preference is a clear exception to the equal opportunity requirement. “It unequivocally permits faith-based providers to prioritize access to their services for members of their congregation, however they choose to define that term,” the decision says. An injunction now bars the Universal Preschool Program from enforcing the religious affiliation portion of its nondiscrimination clause.
Kane awarded the preschools $1 in damages.
The law firm representing the preschools considered the ruling a success. “Of course a Catholic school shouldn’t be punished for caring about its students’ religion,” Nick Reaves, counsel at Becket, said in a press release.
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