Supreme Court Weighs Colorado’s Exclusion of Catholic Preschools from Universal Program

Faith Facts

• Colorado’s universal preschool program promises a free seat to every 4-year-old yet bars the state’s 34 Catholic preschools from participation.
• Justice Brett Kavanaugh pressed state officials for a “win/win” solution during oral arguments before the Supreme Court.
• The case raises fundamental questions about religious liberty and equal treatment under the law for faith-based educational providers.

Colorado lawmakers crafted a universal preschool program that promises every four-year-old a free seat at taxpayer expense. The plan explicitly excludes the state’s 34 Catholic preschools, effectively forcing families who prefer faith-based education to forgo the benefit or leave their convictions at the door.

During oral arguments at the Supreme Court, Justice Brett Kavanaugh pressed Colorado’s attorneys to explain why the state could not accommodate religious providers. He asked whether a “win/win” arrangement was possible that would allow families to choose Catholic schools without losing the public subsidy. The state offered no answer.

Critics argue that the exclusion reflects an unconstitutional hostility toward religion that treats Catholic teaching as equivalent to racism. Supporters of the program maintain that public funds cannot flow to institutions that hold traditional beliefs on marriage, sexuality, and human life.

Christian leaders across the country see the case as another front in the ongoing struggle to preserve religious liberty in education. They note that Catholic schools have long served disadvantaged communities with strong academic and moral formation rooted in biblical principles.

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