A federal appeals court has ruled that Colorado’s universal pre-kindergarten program can require participating schools to comply with LGBT nondiscrimination policies, rejecting a challenge brought by the Archdiocese of Denver and several Catholic preschools. The decision by the U.S. Court of Appeals for the Tenth Circuit determined that the state’s policy—prohibiting discrimination based on sexual orientation or gender identity—does not violate the First Amendment. Catholic schools argued that signing the state’s nondiscrimination agreement would force them to compromise biblical teachings on marriage, gender, and sexuality in order to receive public funding. The court, however, sided with the state, stating the policy “exists in harmony with the First Amendment” and that participation in the taxpayer-funded program is voluntary.

Attorneys for the Catholic schools warned that the ruling puts religious institutions in an impossible position: either abandon core doctrines or be excluded from public education programs. The Becket Fund for Religious Liberty, representing the plaintiffs, indicated it may appeal to the U.S. Supreme Court, citing prior rulings—Carson v. Makin (2022) and Trinity Lutheran v. Comer (2017)—that upheld religious groups’ right to equal access to public benefits. Supporters of the Catholic schools say Colorado’s policy represents growing state hostility toward faith-based education, while advocates of the ruling argue it protects equal access for all families. The case underscores a growing national tension between religious liberty and state-mandated conformity to progressive sexual ideology—one that may soon return to the Supreme Court.

SOURCE: Christian Post