TL;DR
- Supreme Court to hear case on LGBTQ+ preschool admissions.
- Colorado’s universal preschool program faces challenge from religious schools.
- Nondiscrimination requirement aims to protect all children.
- LGBTQ+ advocates warn of potential discrimination.
- Decision expected by June 2027.
In a move that has LGBTQ+ families holding their breath, the U.S. Supreme Court is gearing up to hear a case that could determine whether children of same-sex couples can be turned away from publicly funded preschool programs run by religious institutions. Yes, you heard that right. This isn’t just a legal battle; it’s a fight for the very future of equality in early childhood education.
The case, stemming from Colorado, centers around the universal preschool program that promises to provide free preschool to most 4-year-olds. But here’s the kicker: it comes with a nondiscrimination requirement that ensures all children, regardless of their parents’ sexual orientation or gender identity, have equal access. The Supreme Court’s decision to review this case, St. Mary Catholic Parish in Littleton v. Roy, has raised alarms among LGBTQ+ advocates who fear a ruling in favor of the religious schools could open the floodgates for discrimination.
Mardi Moore, CEO of Rocky Mountain Equality, didn’t mince words, stating, “In Colorado, we believe every child deserves to belong in their community and in their classroom. When a preschool uses taxpayer funding to turn away a four-year-old because of who their parents love, it isn’t exercising religious freedom. It’s using public money to teach discrimination.” And let’s be clear, that’s a lesson no child should ever learn.
Two lower courts have already ruled against the church’s claims, affirming that Colorado’s nondiscrimination rule is a neutral law applicable to both religious and secular providers. But the church argues that this requirement infringes on their First Amendment rights, forcing them to choose between participating in a public benefit and adhering to their religious beliefs about marriage and family. Talk about a constitutional conundrum!
The stakes couldn’t be higher for LGBTQ+ families. If the Supreme Court sides with the challengers, it could pave the way for religious preschools to refuse admission to children based on their parents’ sexual orientation. Kelley Robinson, President of the Human Rights Campaign, echoed these sentiments, saying, “All students deserve to be accepted at school and treated equally regardless of their or their family members’ sexual orientation or gender identity.” Amen to that!
Colorado’s universal preschool program was born out of a 2020 ballot measure and implemented in 2022, promising at least 15 hours of free preschool a week for eligible children. Families can choose from public, private, and faith-based providers, but those that accept public funds must adhere to the nondiscrimination requirement. It’s a straightforward policy designed to ensure that every child gets a fair shot at early education.
But here’s where it gets sticky: the challengers argue that Colorado’s policy isn’t truly neutral, pointing to exceptions that allow providers to prioritize certain groups, like low-income families or children with disabilities. Lower courts have dismissed this argument, maintaining that the nondiscrimination rule applies universally. The Trump administration even jumped into the fray, warning that upholding Colorado’s policy could threaten religious freedoms across the nation. It’s a classic case of politics mixing with education, and not in a good way.
As the Supreme Court prepares to hear arguments in this case, expected to take place in October, families are left wondering what the future holds. Will their children be welcomed into preschool programs, or will they face discrimination based on who they love? Moore poignantly stated, “Early childhood is where children first learn whether the world is a place that welcomes them. That lesson should never be that they don’t belong.” Let’s hope the justices are listening.