By The U.S. Supreme Court will hear a challenge to Colorado’s exclusion of Catholic preschools from a state-funded universal preschool program, a case that arrives amid broader political disputes over religion and public policy.
The case centers on Colorado’s decision to bar religiously affiliated schools from participating in a program that provides 15 hours of free preschool education per week. A lower appeals court previously upheld the restriction.
Catholic families, preschools, and the Archdiocese of Denver argue in their petition that the policy discriminates against them because their schools require families to adhere to Catholic teachings, including views on sex and gender, according to CBS News.
Colorado requires participating preschools to accept all families regardless of race, religion, sexual orientation, gender identity, income, or disability. At the same time, the petition notes, the state permits certain targeted programs serving groups such as “children of color,” “gender-nonconforming children,” “the LGBTQ community,” low-income families, and children with disabilities.
The challengers contend the policy violates protections under the Free Exercise Clause, particularly as publicly funded education programs expand. Enrollment in such programs exceeded 1.75 million children during the 2023–24 school year.
Nicholas Reaves, senior counsel at the Becket Fund for Religious Liberty, criticized the state’s approach.
“Colorado promised free preschool for all, then slammed the door on families who chose a religious education for their children,” Reaves said.
He added: “After three losses in religious freedom cases at the Supreme Court, Colorado should know better. The Supreme Court has repeatedly held that states cannot exclude families from government benefits because of their faith. We’re confident the Court will say the same thing here and put a stop to Colorado’s no-Catholics-need-apply rules.”
The case lands in a broader political context in which disputes over religion—particularly involving Catholic institutions—have increasingly intersected with partisan debates. A 2023 controversy involving an internal FBI memo that referenced “traditionalist Catholics” as potential domestic extremism risks drew sharp criticism from Catholic organizations and Republican lawmakers, who characterized it as religious profiling before the document was withdrawn .
More recently, political messaging highlighted by Republican-aligned groups has pointed to rhetoric and policy positions by some Democratic officials and activists as evidence of a pattern of hostility toward Catholic institutions and teachings. Following a shooting at a Catholic school, for example, the mayor of Minneapolis criticized parishioners for praying for their children.
🚨 BREAKING: Democrat Mayor of Minneapolis Jacob Frey SLAMS people for saying to "pray" after the Catholic church sho*ting.
"DON'T just say this is about 'thoughts and prayers' right now. These kids were literally PRAYING."
What a WEIRD thing to attack after multiple children… pic.twitter.com/ytVJec7mxJ
— Eric Daugherty (@EricLDaugh) August 27, 2025
During his final year in office, President Joe Biden looked to replace Easter to be “Transgender Awareness Day.”
More recently, a Democratic candidate for Congress in Iowa gushed about officiating a Satanic wedding.
WATCH: Iowa Democrat congressional candidate Sarah Trone Garriott — a Christian minister — gushes about officiating a Satanist wedding: https://t.co/YSmudHCdfM pic.twitter.com/V5E9bXpS1M
— RNC Research (@RNCResearch) April 20, 2026
The Supreme Court’s ruling could clarify whether states may exclude faith-based institutions from generally available public benefits programs while enforcing nondiscrimination requirements—an issue with implications for education policy nationwide.
