The Supreme Court hears arguments Tuesday in a case that pits the Catholic Church against Colorado's taxpayer-funded preschool program, raising the question of whether religious schools can refuse to admit children of gay and transgender parents despite a state anti-discrimination law, NPR reports.
Colorado's universal pre-K
Colorado's program gives every 4-year-old access to preschool, with a benefit of $6,300 per child each year paid from a tobacco tax. Unlike most states, Colorado included religious schools, on the condition that they follow a state law barring discrimination based on race, religion, sexual orientation or gender identity. Former state Senate President Steve Fenberg said the law was about ensuring every child could get access to universal preschool, and sponsor Rep. Emily Sirota said the goal was giving parents "a robust choice." The Catholic Church initially endorsed the program, and Catholic Charities and other religious groups still take part, including at least 35 Christian schools, one Muslim school and three Jewish schools.
The dispute
The Archdiocese of Denver and two parishes sued, represented by the Becket Fund for Religious Liberty. Its CEO, Mark Rienzi, argues Colorado is excluding "only religious schools that are organized around beliefs that Colorado doesn't like," noting families must support Catholic teachings. The church wants an exemption from the state law. Archbishop James Golka has written that Catholic school enrollment in the archdiocese is down 20% and two preschools have closed. The archdiocese's schools superintendent said it is "very rare" for LGBTQ parents to try to enroll a child. Some Catholic school leaders have sided with Colorado in a brief.
The legal backdrop
Legal scholars told NPR the court has shifted over about a decade from emphasizing separation of church and state to emphasizing the free exercise of religion. Michigan State's Frank Ravitch called it "a complete shift." Berkeley Law dean Erwin Chemerinsky asked "how far will the Supreme Court go in requiring the government to pay for religious schools?" Last year, the court split evenly on whether a religious charter school could be publicly funded, after Justice Amy Coney Barrett recused herself. She has not recused this time.
Sources: NPR