The Denver Post reports that the 10th U.S. Circuit Court of Appeals has ruled against two Denver-area Catholic parishes that sought to exclude LGBTQ families from Colorado’s taxpayer-funded universal preschool program. The decision affirms a lower court ruling that found the state’s non-discrimination policy applied neutrally and did not target religion.
The parishes – St. Mary Catholic Virtue School in Littleton and Wellspring Catholic Academy in Lakewood – argued that Colorado’s requirement to admit all children, regardless of sexual orientation or gender identity, violated their religious freedom. When the Colorado Department of Early Childhood denied their request for an exemption, the parishes refused to participate in the $349 million program and later sued in 2023.
The appeals court said there was no evidence of “religious hostility” by the state, and emphasized that the program made substantial efforts to include faith-based providers. The state’s rule barring discrimination was applied equally to both secular and religious preschools.
Governor Jared Polis celebrated the ruling, calling it a victory for equality: “We are building a Colorado for all, where every student is free from discrimination.” Meanwhile, Nick Reaves of the Becket Fund for Religious Liberty, representing the parishes, blasted the decision as “anti-religious gamesmanship,” vowing to appeal.
A related lawsuit by Darren Patterson Christian Academy – which did join the program but claims the nondiscrimination policy could force it to violate its beliefs on pronouns and hiring – remains pending.
The Bullet Point Brief
- 10th Circuit rules against Catholic preschools in LGBTQ enrollment case.
- The decision upholds Colorado’s universal preschool nondiscrimination policy.
- St. Mary Catholic Virtue School and Wellspring Catholic Academy argued the rule violated religious freedom.
- The court found no evidence of anti-religious bias.
- Gov. Polis hails ruling as “a Colorado for all.”
- Becket Fund vows to continue the fight, possibly to the Supreme Court.
- A related Christian preschool case (Darren Patterson Academy) is still active.
My Bottom Line
Colorado’s so-called “universal” preschool program just made clear what “universal” really means – everyone except those who dare to believe differently.
The 10th Circuit’s decision tells faith-based schools: If you want to participate in state programs, check your doctrine at the door. The Catholic parishes in this case weren’t asking for special treatment – they simply wanted to live out their faith while serving families. Instead, the state demanded ideological conformity as the price of participation.
Governor Polis called it a “Colorado for all,” but it’s not “for all” if Catholic schools must renounce their beliefs to qualify. Religious liberty means more than the freedom to worship privately – it means the freedom to operate public ministries consistent with faith. When government funding becomes a tool to enforce secular orthodoxy, that’s not neutrality – it’s coercion.
The state’s argument that it applies the nondiscrimination policy “equally” misses the point. A rule that punishes schools for following long-held religious teachings isn’t neutral – it’s targeted. The Constitution doesn’t give government the right to decide which moral beliefs are permissible for participation in public life.
This case will almost certainly make its way to the U.S. Supreme Court—and it should. Because if Colorado’s decision stands, every faith-based institution in America that partners with the state – from preschools to hospitals – will be told to either abandon their principles or forfeit their place in the public square.
The irony? Colorado’s universal preschool program was supposed to expand access and choice for parents. Instead, it’s shrinking choice by driving faithful educators out.
That’s not inclusion – that’s exclusion by ideology.
