At issue is a state preschool program that provides funding to families — unless they choose a religious school that adheres to traditional biblical teachings.
Nick Reaves, senior counsel at the Becket Fund for Religious Liberty, which is representing affected Catholic families, spoke to “Washington Watch” about the unique nature of the exclusion.
“The one distinction that Colorado points to is that the exclusion here is not explicit. There’s not a sign on the wall saying ‘No Catholic Schools,’ but that's really the effect of what they're doing,” Reaves says. “We don't think the Supreme Court is really going to say what matters is if you use magic words or not.”
The case came about because Colorado created a universal preschool program which gave families 15 free preschool hours per week at public and private schools. While this benefit is worth around $6,000, families won’t receive the benefits if they send their children to a school that adheres to the Catholic faith.
According to Politico, Colorado officials argue that faith-based preschools are not exempt from the program. However, the schools have to abide by the state’s anti-discrimination laws, including discrimination against the LGBTQ community.
Because Catholic schools typically do not accept children from same-sex relationships, in accordance with their faith, they are excluded from the program.
Dan and Lisa Sheley are one couple who were rejected from the program since they wanted to send their children to the Archdiocese of Denver. The Sheley family and the Catholic school are the plaintiffs in the lawsuit.
Reaves noted that the policy is hurting religious enrollment and threatening the future of faith-based preschools.
“It’s not just about the money... but it's about the ability to keep having Catholic and other religious preschools. It was actually a coalition of Catholic, Lutheran, and Jewish groups that came to the state and said, 'hey, we need a religious accommodation here,'” Reaves states.
Oral arguments for the case, known as St. Mary Catholic Parish v. Roy, are scheduled for the Supreme Court to hear on November 3, with a decision expected sometime next spring.
