Colorado Preschool Funding Fight Pits Faith Against Inclusion

WHO:

The Washington Post - A Colorado parent drove her first two children about 40 minutes each way through Denver-area traffic so they could attend a preschool.

Fox News - Andrea Picciotti-Bayer argued that Catholic families in Colorado are excluded from the state’s universal preschool program because of an equal-opportunity clause tied to gender identity.

NPR - The Denver Archdiocese and two parishes challenged Colorado’s law; the Becket Fund for Religious Liberty and its CEO, Mark Rienzi, represent them.

NPR - Steve Fenberg, a former Colorado state Senate president, and state Rep. Emily Sirota, a prime sponsor of the universal pre-K bill, said the program aimed to give families broad preschool access and choice.

NPR - Archbishop James R. Golka said Catholic-school enrollment across the archdiocese had fallen 20%; Superintendent Scott Elmer said LGBTQ parents rarely try to enroll their children.

NPR - Catholic school-system leader Tim Uhl and other Catholic school directors filed a brief supporting Colorado.

WHAT:

The Washington Post - Colorado’s universal pre-K program provides approximately $6,300 per child to parents whose children attend participating preschools; the parent described forgoing that assistance.

NPR - The Supreme Court is hearing arguments over whether religious schools participating in Colorado’s taxpayer-funded pre-K program may refuse admission to children of gay or transgender parents, despite a state law prohibiting discrimination.

NPR - Colorado’s program includes religious schools that comply with state protections against discrimination based on race, religion, sexual orientation, and gender identity. Catholic Charities and at least 35 Christian schools, one Muslim school, and three Jewish schools participate.

NPR - Golka said two Catholic preschools had closed, including one serving minority and low-income families.

NPR - The U.S. Supreme Court ruled 8–1 in 1983 that Bob Jones University should lose tax-exempt status because its religiously justified ban on interracial dating and marriage constituted racial discrimination.

NPR - The court was evenly divided last year over whether taxpayer-funded charter schools could include religious schools and teachings; Justice Amy Coney Barrett recused herself, and the case was dropped.

NPR - A federal district judge in Oklahoma recently allowed a taxpayer-funded Jewish charter school to open with $2.6 million in state funding, projected to rise to $8.3 million by 2030; its fate remains uncertain.

NPR - The United States has about 8,000 charter schools, including roughly 276 in Colorado; the article says religious groups had not previously operated them.

WHERE:

The Washington Post - The parent’s preschool commute was in the Denver area.

NPR - The dispute concerns Colorado’s statewide pre-K program and the Denver Archdiocese; the Jewish charter-school case is in Oklahoma.

WHY:

NPR - Colorado says its nondiscrimination condition supports broad access to preschool for 4-year-olds. The archdiocese seeks an exemption, arguing the condition conflicts with Catholic schools’ religious teachings.

HOW:

NPR - Colorado funds the pre-K benefit through a tobacco tax. Participating schools must allow students to participate without discrimination based on the listed protected categories.

NPR - The First Amendment’s religion clauses protect both against government establishment of religion and against government interference with religious exercise; the article describes the Supreme Court’s recent approach as emphasizing free exercise.

(UPDATED November 2, 2026 02:59 UTC)

The Supreme Court is weighing whether Colorado can require religious preschools to follow nondiscrimination rules. Catholic leaders say those rules conflict with their teachings and exclude them from funding. Colorado says they ensure preschool access for all families.