Colorado moves to repeal religious freedom protection in ‘universal’ preschool program

Denver, Colo., Oct 15, 2024 / 16:51 pm

Colorado state officials repealed a religious freedom protection in the state’s Universal Preschool (UPK) program amid an ongoing legal battle over whether two Catholic preschools can participate in the program. 

The congregation preference rule allowed Colorado religious preschools to participate in the UPK program while giving preference to students of families in their congregations and taking religious background into account on applications. 

“Colorado is eliminating a key part of UPK that it previously held out as critical for faith-based preschools to participate,” Nick Reaves, senior counsel at Becket Fund for Religious Liberty, the nonprofit law firm that is arguing on behalf of the parishes, told CNA. 

“The state is showing once again that it would rather exclude Catholic preschools from the program than ensure all families can access schools that are best for them,” Reaves said.

Run by the Colorado Department of Early Childhood, the UPK program gives participating families a stipend to cover the cost of tuition for 15 hours of preschool per week to attend private, public, or faith-based preschools.

But Colorado denied these benefits to families who send their children to Catholic preschools because the schools take religious affiliation into account during the application process. St. Mary Catholic Parish in Littleton and St. Bernadette Catholic Parish in Lakewood, along with the Denver Archdiocese, sued the state last year, asking to participate in the program while maintaining its religious beliefs. 

The court ruled partially in favor of the preschools in June, finding that it was unconstitutional to prevent families from receiving tuition funding for select preschools because the preschools factored in religion in their acceptance. 

The judge’s order from the June decision required state officials to allow the two preschools to participate in the UPK program “as long as defendants allow exceptions from the religious affiliation aspect of the equal-opportunity requirement,” according to the 101-page decision by Judge John Kane of the U.S. District Court in Colorado.

The Colorado State Advisory Council has since taken steps to repeal the “congregation preference” rule, which affects not only Catholic schools but any religious schools affiliated with a church, mosque, or synagogue. 

Though part of the June ruling was in their favor, the preschools are still unable to participate in the program and uphold their religious beliefs due to other program requirements that would regulate hiring and admission decisions. 

The Archdiocese of Denver and the two parishes filed an appeal in July to the federal court ruling in the Denver-based U.S. Court of Appeals for the 10th Circuit.

“We are confident the 10th Circuit will protect the freedom of Catholic schools and families to participate in the UPK Colorado consistent with their faith,” Reaves noted.

The Colorado State Advisory Council voted 8 to 1 to approve the repeal of the congregation preference on Thursday. The change still needs to be approved by the executive director of the Department of Early Childhood, Lisa Roy. If approved, it will take effect next year.