History and Culture
Can Religious Schools Keep Their Faith and Receive Public Funds?
Following Supreme Court arguments, a Colorado dispute over Catholic preschools tests the balance between religious freedom and state nondiscrimination requirements.
On November 3, the U.S. Supreme Court heard arguments in a Colorado case that should be straightforward, and could have a serious impact on religious schooling in America. Can a state run a “universal” preschool program and then tell Catholic schools that they can participate only if they stop acting like Catholic schools? In St. Mary Catholic Parish v. Roy, the Archdiocese of Denver is challenging the exclusion of Catholic parishes with preschools from Colorado’s Universal Preschool Program (UPK).
In 2020, Colorado voters approved a ballot measure creating a “universal” pre-K program. The program launched in 2023 and provides families with up to 15 hours per week of free preschool at public, private, or faith-based educational institutions. In order to participate, these institutions must meet state standards and sign a nondiscrimination agreement requiring them to give eligible children an “equal opportunity” to enroll and receive services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, housing status, income, or disability.
