The Supreme Court has agreed to hear a Catholic parish’s argument after Colorado excluded its schools from the state’s program that pays for families to send their children to the preschool of their choice, public or private.
The oral arguments in the case of St. Mary Catholic Parish v. Roy are expected to take place this fall.
The case could redefine how states balance anti-discrimination laws with religious freedom.
The Archdiocese of Denver, which oversees 34 Catholic preschools, argues that its schools are an extension of the church’s ministry. To maintain the integrity of their religious environment, the Archdiocese says its schools admit only families who support Catholic beliefs, including on sex and gender.
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The schools require staff and families to sign statements to “affirm that they will support the teachings of the Catholic Church” and that “all Catholic school families must understand and display a positive and supportive attitude toward the Catholic Church” prior to enrollment, the Archdiocese says.
Colorado officials, however, maintain that the Universal Preschool Program is designed to be inclusive of all children, regardless of their background or their family’s identity.
The state argues that while faith-based providers are welcome to participate in the program, which offers free preschool to all four-year-olds in the state, they must follow the same rules as secular schools without exception.
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“All participating providers — whether religious or secular — must ensure that children have equal opportunity to enroll in and receive preschool services regardless of those children’s (or their families’) religious affiliation, race, ethnicity, sexual orientation, gender identity, lack of housing, income level, or disability,” the state said.
Colorado noted that a lower appeals court previously upheld that the law does not allow for exceptions to its equal-opportunity requirements.
The Archdiocese views the exclusion as a violation of its religious exercise, while the state views the parish’s enrollment policies as a barrier to universal civil rights.
When the Supreme Court hears oral arguments this fall, the justices will look to address whether a state can require a religious institution to set aside its core tenets in order to participate in a state-funded program.
Fox News’ Bill Mears contributed to this report.
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