Supreme Court seems likely to favor Catholic schools in pre-K fight

The Supreme Court on Tuesday appeared poised to support Catholic preschools challenging Colorado's refusal to exempt them from a nondiscrimination rule. The dispute centers around the Colorado Universal Preschool program, which requires participating schools to offer all children equal enrollment opportunities regardless of race, religion, sexual orientation, and gender identity.

The Archdiocese of Denver, overseeing 34 Catholic preschools, sought an exemption due to their enrollment criteria aligning with Catholic teachings. Colorado denied the exemption and stated the Catholic schools could not discriminate against children or families in violation of state law. The Archdiocese, along with two parishes and a family, then sued, arguing their exclusion violated the Constitution's Free Exercise Clause.

Lower courts ruled in favor of the state, claiming the nondiscrimination provisions were neutral and applied generally to all providers. During arguments, the conservative majority seemed inclined to rule in favor of the Catholic preschools, echoing recent rulings that favor religious institutions challenging their exclusion from state benefits programs.

The case raises concerns about religious freedom and the potential impact on public funding for religious schools.