Catholic Schools Ask Supreme Court to Challenge Colorado Funding Exclusion

Catholic bishops, families, and religious liberty advocates in the United States have asked the Supreme Court to intervene in a legal dispute over Colorado’s universal preschool program, arguing that the state is unlawfully excluding Catholic schools based on their religious identity. The case centers on a Colorado policy that bars faith based preschools from participating in public funding if they require staff and families to affirm the school’s religious mission, including teachings related to sexuality and gender. Catholic leaders say the policy effectively conditions access to public benefits on abandoning core elements of Catholic doctrine. The Archdiocese of Denver and several Catholic preschools formally petitioned the Supreme Court after a federal appeals court upheld the state’s exclusion earlier this year, prompting wider concern among religious institutions about the precedent such a ruling could set.

In filings submitted to the court, the United States Conference of Catholic Bishops argued that the Colorado rule discriminates against Catholic schools solely because they adhere to Church teaching on human sexuality. The bishops warned that allowing the policy to stand could encourage other states to impose similar conditions, undermining First Amendment protections for religious institutions. They also contended that excluding Catholic schools from public programs would weaken long standing partnerships between faith based organizations and government agencies, particularly in education and social services. According to the bishops, Catholic schools are not seeking special privileges but equal participation in programs that are otherwise open to private providers. The dispute has attracted support from a wide range of religious and legal groups who view the case as significant for broader questions of religious liberty.

Catholic families have also submitted briefs emphasizing the role of Catholic education in passing on faith and moral formation to their children. Several parents argued that the state’s requirements would force Catholic schools to compromise their religious mission in order to receive funding, limiting family choice in early childhood education. Advocacy groups representing other religious traditions, including Jewish, Muslim, Lutheran, and Evangelical organizations, have joined the case, framing it as an issue that extends beyond Catholic institutions alone. The Supreme Court has not yet decided whether it will hear the case, with a decision on whether to take it expected in early 2026. The outcome could have far reaching implications for how religious schools participate in publicly funded education programs across the United States.