The Supreme Court is again confronting the tension between public benefits and religious liberty, as litigation over Colorado’s Universal Preschool Program gains national attention. Two Denver-area Catholic preschools and the Archdiocese of Denver challenge the state’s requirement that participating providers comply with nondiscrimination rules covering characteristics, including sexual orientation and gender identity, arguing adherence would conflict with their religious teachings.
Lower courts sided with Colorado, with the district court and the 10th Circuit Court of Appeals holding the program’s conditions neutral and generally applicable under Employment Division v. Smith. In its brief, Colorado argues the law contains no true exemptions, characterizing provisions for low-income and disabled children as targeted protections rather than carve-outs, and emphasizes religious providers are included in the program on equal terms, as long as they meet the same requirements. Petitioners dispute that characterization, contending the scheme burdens religious exercise.
The dispute, now linked to a similar California case under consideration, could provide the justices an opportunity to revisit Smith and further define the scope of Free Exercise protections in publicly funded education programs.
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