SCOTUS to Scrutinize Colorado Preschool Program’s LGBTQ+ Protections

The facade of the U.S. Supreme Court building in Washington, D.C., U.S., March 14, 2026. REUTERS/Will Dunham

The Supreme Court agreed on Monday to hear a bid by the Archdiocese of Denver and other Catholic entities to be exempted from a Colorado preschool funding program’s nondiscrimination requirement.

The justices took up an appeal of a lower court’s decision that found that Colorado’s program did not violate the religious rights of the Catholic plaintiffs under the Constitution’s First Amendment.

The program provides state funds for preschools. The Catholic plaintiffs objected to the state’s requirement that schools receiving funding under the program give all children “equal opportunity” to enroll in preschool regardless of certain characteristics, including the sexual orientation or gender identity of students or their family members.

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