Denver Archdiocese Appeals to Supreme Court Over preschool Program Inclusion

The Archdiocese of Denver, representing a Catholic community in Colorado, along wiht several local Catholic preschools, has appealed to the United States Supreme court this month. They are seeking inclusion in the state’s universal preschool program (UPK) after the U.S. Court of Appeals for the Tenth Circuit ruled against them on September 30th.

The Becket Fund for Religious Liberty,representing the plaintiffs,announced the appeal on November 14th in a press release. The release explains that when the UPK program launched, state officials implemented restrictions that effectively excluded all parish preschools because of their requirement that families enrolling be supportive of their catholic faith.

All participating schools are required to sign a nondiscrimination agreement. However, the state interpreted this agreement to mean that schools with a religious mission could not prioritize families who share that religious belief. The archdiocese argues this interpretation unfairly targets religious schools and violates their constitutional rights.

“The state is discriminating against religious schools simply because they are religious,” said Lori Windham, senior counsel at Becket. “The First Amendment protects the right of religious institutions to remain true to their beliefs,and that includes how they carry out their educational mission.”

The lawsuit centers on whether the state’s nondiscrimination requirement, as applied, violates the First Amendment’s guarantee of religious freedom. The archdiocese contends that the state’s rule constitutes religious discrimination, as it prevents them from operating their preschools in accordance with their Catholic values. They argue that the state is effectively punishing them for their religious identity.

The Tenth Circuit Court of Appeals sided with the state, finding that the nondiscrimination requirement was a reasonable exercise of the state’s power to ensure equal access to public programs. The Archdiocese maintains that this ruling sets a perilous precedent that could lead to the exclusion of other religious organizations from similar programs.

The Supreme Court’s decision in this case could have meaningful implications for religious schools across the country. A ruling in favor of the Archdiocese would affirm the right of religious institutions to participate in public programs without abandoning their religious identity. A ruling against them could further restrict the ability of religious schools to operate in accordance with their beliefs.

Key Takeaways

• The Archdiocese of Denver is appealing a lower court ruling that excluded its preschools from Colorado’s universal preschool program.
• The dispute centers on the state’s interpretation of a nondiscrimination agreement, which the Archdiocese argues unfairly targets religious schools.
• The Becket Fund for Religious Liberty is representing the plaintiffs, arguing the state is discriminating against religious institutions.
• The Supreme Court’s decision could set a precedent for religious schools’ participation in public programs nationwide.

FAQ

What is the Universal Preschool Program (UPK)?

The Universal Preschool Program in Colorado aims to provide access to high-quality preschool education for all four-year-olds in the state.

Why are the Catholic preschools excluded?

The state interpreted its nondiscrimination agreement to mean that religious schools cannot prioritize families who share their religious beliefs,effectively excluding those with a strong religious mission.

What is the Archdiocese’s main argument?

The Archdiocese argues that the state’s interpretation of the nondiscrimination agreement constitutes religious discrimination and violates the First Amendment.

What could be the impact of the Supreme Court’s decision?

The decision could significantly impact the ability of religious schools to participate in public programs while maintaining their religious identity.