Denver Archdiocese, Catholic schools ask Supreme Court for access to preschool program

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CNA Staff, Nov 15, 2025 / 11:00 am (CNA).

The Archdiocese of Denver and a coalition of Catholic preschools are asking the U.S. Supreme Court to allow them to access a Colorado universal preschool program.

The petition to the high court comes after the U.S. Court of Appeals for the 10th Circuit ruled in September that Colorado may continue to exclude Catholic preschools from its Universal Preschool Program because of their religious beliefs.

Catholic preschools in Denver ask teachers and families to sign a pledge promising to uphold their religious mission, including teachings on sexuality and gender identity. The Colorado preschool program’s nondiscrimination clause, however, requires schools to uphold provisions on sexual orientation and “gender identity.”

Two Catholic parish preschools and the Denver Archdiocese first filed suit in August 2023 against the requirement.

In a Nov. 14 press release, the Becket Fund for Religious Liberty — which has represented the schools and the archdiocese in the lawsuit — said the Catholic schools “are asking the Supreme Court to ensure that Colorado makes good on its promise of universal preschool.”

“Colorado is picking winners and losers based on the content of their religious beliefs,” Nick Reaves, a senior lawyer at Becket, said in the release. 

“That sort of religious discrimination flies in the face of our nation’s traditions and decades of Supreme Court rulings,” he said. “We’re asking the court to step in and make sure ‘universal’ preschool really is universal.” 

Scott Elmer, who serves as chief mission officer for the Denver Archdiocese, said the schools are seeking “the ability to offer families who choose a Catholic education the same access to free preschool services that’s available at thousands of other preschools across Colorado.”

Becket in its press release said the Colorado rules have had a “predictable effect” in which “enrollment at Catholic preschools has swiftly declined, while two Catholic preschools have shuttered their doors.”

The law group said the lower court rulings go against recent Supreme Court decisions on religious freedom, including Espinoza v. Montana Department of Revenue, which held that the Montana Constitution’s bar on public funding of religious institutions violated the First Amendment.

In May the Supreme Court declined to rule in a contentious case involving what was proposed to be the nation’s first religious charter school, leaving untouched a lower court ruling that forbade the Oklahoma Catholic institution from accessing state funds.