The U.S. Supreme Court has opened a new chapter in the ongoing national debate over religious freedom versus LGBTQ non-discrimination protections, announcing Monday it will review an appeal brought by Catholic preschool providers against Colorado’s public funding eligibility requirements.
Colorado’s universal preschool initiative allocates taxpayer dollars to cover tuition at both public and private early childhood education centers, including institutions run by religious organizations. However, the state has cut off public funding to the Catholic preschool programs involved in the suit, saying their refusal to enroll children of same-sex and transgender parents violates the state’s anti-discrimination statutes.
The plaintiffs in the case — the Catholic Archdiocese of Denver, two Colorado Catholic parishes, and local parents Dan and Lisa Sheley — saw their claims rejected by lower federal courts before turning to the nation’s highest bench. In a public statement following the Supreme Court’s announcement, the Sheleys emphasized they are only seeking equal access to the program the state established for all families. “All we want is the freedom to choose the best preschool for our kids without being punished for our faith,” the couple said. “Colorado promised families a universal preschool program, then cut out families like ours because we chose a Catholic education.”
Nicholas Reaves, legal counsel for the plaintiffs, echoed that framing, arguing Colorado has arbitrarily excluded religious families from a public benefit designed to be open to all residents. “Colorado promised free preschool for all, then slammed the door on families who chose a religious education for their children,” Reaves said.
In its legal brief submitted to the Supreme Court, Colorado defended its policy, noting that any organization accepting public funding through the universal preschool program is required to comply with basic non-discrimination rules that bar exclusion based on race, religion, sexual orientation, and gender identity — regardless of whether the exclusion targets the child or their parents. “Petitioners seek an exemption from this law to allow them to receive public funding while turning away preschoolers because of their, or their parents’, gender identity or sexual orientation,” the state’s filing said.
The case comes before a Supreme Court that holds a solid conservative majority, which has repeatedly ruled in favor of religious liberty claims in recent years — and many of those high-profile rulings have originated in Colorado. In 2018, the court sided with a Denver-area baker who refused to create a wedding cake for a same-sex couple, citing religious objections. Just weeks before the Supreme Court agreed to take the new preschool case, it issued a ruling backing a Christian therapist in Colorado who challenged a state ban on conversion therapy for LGBTQ minors.
Oral arguments in the Catholic preschool case are scheduled to take place during the Supreme Court’s upcoming 2026-2027 term, which kicks off in October. A final decision is expected to be handed down by the end of the term in June 2027.
