Colorado Catholic preschools say they have a right to discriminate against LGBTQ+ people

A judge began hearing arguments on Tuesday in a case of two Catholic parishes in Denver challenging the nondiscrimination rules of Colorado’s new $322 million universal preschool program.

The parishes, St. Mary’s in Littleton and St. Bernadette’s in Lakewood, along with the Archdiocese of Denver, filed the lawsuit in August in a federal district court. Their argument centers on a conflict between the program’s nondiscrimination clause, which prohibits discrimination based on religion, sexual orientation, and gender identity, and their mission to provide a Catholic education, Colorado Public Radio reports.

The state, represented by its attorneys, contends that Catholic preschools are treated the same as other schools in the program and that some Catholic schools have signed similar nondiscrimination agreements for other publicly funded programs. However, the group of Catholic preschools has chosen to opt out of the program.

According to Colorado Public Radio, the lawsuit contends explicitly that the nondiscrimination clause of the program could compel Catholic preschools to act against their religious principles. The clause, the lawsuit argues, might prevent the schools from giving enrollment priority to children from Catholic families. Furthermore, it could obligate them to accept children whose gender identity does not align with their sex assigned at birth or those from LGBTQ+ families, including children of gay or lesbian parents or those part of a same-sex relationship.

The station reports that this legal battle has significant implications for the preschool program, which started in August and currently enrolls over 60 percent of Colorado’s 4-year-olds.

A ruling in favor of the Catholic preschools could open the program to more faith-based schools and limit the state’s authority to enforce nondiscrimination policies. Conversely, a state victory would ensure that families with LGBTQ+ parents or children are not excluded based on their sexual orientation or gender identity.

The trial, presided over by senior U.S. District Judge John L. Kane, is expected to last several days. It has already heard testimonies from four witnesses for the Catholic preschools, including the principal of a school operated by St. Bernadette’s.

Colorado’s universal preschool program, a hallmark priority of the state’s gay Democratic governor, Jared Polis, offers 10 to 30 hours of free preschool weekly for 4-year-olds and includes various providers, including public schools, private childcare centers, faith-based programs, and state-licensed homes. The outcome of this lawsuit could shape the program’s inclusivity and its relationship with religious education providers.