LGBTQ Mandate Forces Impossible Choice on Parents…

Colorado’s so-called “universal” preschool program excludes over 1,500 children from Catholic preschools because their faith-based institutions won’t bow to state-mandated LGBTQ nondiscrimination requirements that directly contradict Church teaching—a blatant assault on religious liberty now heading to the Supreme Court with backing from the Trump administration’s Solicitor General.

State Creates Two-Tiered System for Faith-Based Education

Colorado established its universal preschool program in 2022 with $349 million in taxpayer funding to provide 15 hours weekly of free preschool education to all four-year-olds statewide. The program serves more than 40,000 children through over 2,000 participating preschools, including approximately 40 religious institutions. However, the Colorado Department of Early Childhood imposed nondiscrimination requirements mandating compliance with state and federal laws prohibiting discrimination based on sexual orientation and gender identity. This requirement directly conflicts with Catholic teaching, forcing the Archdiocese of Denver to direct most of its preschools not to register for the program.

Religious Families Forced to Choose Faith Over Taxpayer Benefits

The Archdiocese of Denver’s decision affects 36 Catholic preschools and over 1,500 children who cannot access the supposedly universal program. The Becket Fund for Religious Liberty filed suit in August 2023 on behalf of St. Mary Catholic Parish and affected families, arguing that Colorado punishes faith-based preschools for operating consistent with their beliefs. A federal district court ruled against the Catholic preschools in January 2024, and the Tenth Circuit Court of Appeals upheld that decision on September 30, 2025, applying the Employment Division v. Smith framework that neutral, generally applicable laws don’t violate First Amendment rights even when burdening religious exercise.

Trump Administration Intervenes to Defend Constitutional Rights

The case took a significant turn when U.S. Solicitor General D. John Sauer filed a friend-of-the-court brief on January 30, 2026, formally backing the Catholic preschools’ position. This federal government intervention signals that the Trump administration’s Justice Department views the constitutional questions as serious and nationally significant. The Solicitor General’s brief asserts that the United States maintains substantial interests in both preserving free exercise of religion and enforcing nondiscrimination rules for government funding recipients. Twenty additional amicus briefs have been filed supporting the Catholic preschools and families, with the case expected on the Supreme Court docket in spring 2026.

Case Threatens Religious Participation in Government Programs Nationwide

Nick Reaves, senior counsel at Becket Fund, characterized the exclusion as egregious discrimination, noting that calling a program “universal” while banning religious families and schools from participation contradicts basic fairness. The Thomas More Society warned that lower court rulings provide states a blueprint to exclude religious parents and schools from school choice programs while falsely claiming neutrality. The outcome will establish precedent affecting religious schools’ participation in voucher programs, tax credits, and various education funding mechanisms across the country. This represents a fundamental conflict between government overreach and constitutionally protected religious liberty.

Financial Impact Hits Working Families Hardest

The exclusion creates particular hardship for working families who chose Catholic preschools for their children’s education. While some Catholic Charities-affiliated preschools serving low-income populations were permitted to register with requested religious exemptions, most Archdiocesan preschools remain excluded, creating an arbitrary two-tiered system. Families at excluded preschools face increased costs while their tax dollars fund the $349 million program benefiting other Colorado families. Colorado Governor Jared Polis lauded the Tenth Circuit’s ruling upholding the state’s position, while the Colorado Department of Early Childhood has declined comment on the pending Supreme Court litigation.

Constitutional Showdown Over Religious Freedom Approaches

This case represents more than preschool funding—it defines whether states can force religious institutions to abandon core beliefs as the price for participating in publicly funded programs. The Supreme Court’s decision will determine if government can weaponize nondiscrimination requirements to compel religious conformity on issues like sexuality and gender identity that conflict with sincere faith convictions. The Trump administration’s support through the Solicitor General’s brief demonstrates federal recognition that Colorado’s approach threatens religious liberty protections fundamental to American constitutional order. The ruling could affect religious participation in Medicare, Medicaid, housing programs, and numerous other federally funded initiatives with similar nondiscrimination mandates attached.