While the nation focused heavily on election returns last week, the U.S. Supreme Court heard major oral arguments regarding whether Colorado can exclude Catholic preschools from its universal pre-K program over their biblical teachings on marriage.
The case is called St. Mary Catholic Parish v. Roy.
According to SCOTUSblog, the nation's highest court appears likely to side with the Catholic preschool that their First Amendment rights were violated after hearing two hours of arguments last Tuesday.
Amanda Dixon, counsel at the Becket Fund for Religious Liberty, attended the arguments and spoke to the "Washington Watch" program about the case.
"Colorado has set up what it what it calls a universal pre-K program. It's supposed to be for every child in the year, before they go into kindergarten, to use preschool funding at the public or private school of their choice," Dixon explains. "Colorado allows all kinds of schools into this program."
While the state welcomes various educational philosophies, Dixon said it singles out the Catholic Church.
Over 1,500 students, and over 30 Catholic schools, were deem ineligible to receive funding aid specifically because of their religious affiliation.
Colorado’s Department of Early Childhood, which launched the preschool funding program, admitted it was because the schools asked parents to uphold the Catholic Church's teachings. The department did not grant a Catholic school an exception, but they allowed other secular schools to place their own limits to whom they cater.
Justices closely questioned whether states are trying to creatively bypass past high court rulings protecting religious freedom.
Dixon said that they are really optimistic about the court's decision.
"It seemed like a number of the justices were really focusing on the key issues, and really understood the importance of the religious liberty questions here," Dixon says. "We're optimistic for a good outcome and really hoping that carries over into a great opinion defending religious liberty."