Supreme Court to Review Colorado Preschool Nondiscrimination Law

The U.S. Supreme Court has agreed to review a Colorado law requiring state-funded preschools to enroll children without discrimination based on sexual orientation or gender identity. Separately, the Court declined to hear a parental rights case from Massachusetts. In a related recent action, the Court temporarily allowed California schools to inform parents if their children identify as transgender.

Colorado Preschool Case Accepted for Review

The Supreme Court will hear a case brought by two Catholic parishes and a family against the state of Colorado. The plaintiffs argue that a nondiscrimination provision in Colorado's universal preschool program violates their religious rights under the First Amendment.

Background of the Program and Lawsuits

Colorado enacted a universal preschool program in 2020, funded by state taxpayer money and open to both public and private schools.
The program includes a provision requiring participating schools to provide equal enrollment opportunity regardless of factors including race, religion, sexual orientation, and gender identity.
The plaintiffs, including the Archdiocese of Denver which operates 34 preschools, state that this requirement conflicts with their religious beliefs, as Catholic doctrine does not recognize same-sex relationships or transgender status.
Lower federal courts, including the 10th U.S. Circuit Court of Appeals, rejected the plaintiffs' arguments. The Supreme Court is expected to hear the case in the fall, with a decision likely in 2025.

Legal Arguments

The plaintiffs argue the law is not "generally applicable" because it includes other exemptions, such as allowing schools to prioritize children with disabilities or from low-income families. They contend this inconsistency requires a religious exemption.

The state of Colorado argues the focus should be on the nondiscrimination provision itself, which contains no exemptions, and therefore no religious carve-out is required under existing legal precedent.
The U.S. Department of Justice under the Trump administration filed a legal brief supporting the plaintiffs' appeal.

Massachusetts Parental Rights Case Declined

In a separate action, the Supreme Court declined to hear an appeal from parents Stephen Foote and Marissa Silvestri regarding their child's school in Massachusetts.

The parents objected after the school allowed their child to use a new name and choose bathroom options based on the child's stated genderqueer identity.
The school stated its actions were in accordance with state anti-discrimination guidance.
The parents stated their objection was based on "moral and scientific reasons," not specifically religious grounds.

Related Context: Recent California Ruling

On a Monday prior to these announcements, the Supreme Court issued an order in a separate case involving California school policies.

The order temporarily allows California schools to inform parents if their children identify as transgender, without requiring student approval. This blocks a state law that previously prohibited automatic parental notification for changes in pronouns or gender expression.

The case was brought by religious parents and educators who argued the previous policies violated their religious beliefs and parental rights by potentially misleading them about their children's social transition.
The state of California argued the policies were designed to protect student privacy, particularly for those who might fear familial rejection.
The Court's three liberal justices dissented, arguing the intervention was premature as the case is still proceeding in lower courts.