Lawsuit challenges Colorado ‘universal’ preschool program’s ban on funding for religious preschools
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A firm of religious liberty lawyers praised and supported by Latter-day Saint leaders in the past has filed a federal lawsuit against Colorado to protect the ability of two Catholic preschools to participate in the state’s universal pre-kindergarten program.
Becket, which counts members of The Church of Jesus Christ of Latter-day Saints among its attorneys, filed the lawsuit this month. The lawsuit said that after Colorado created a program to pay for a year of free preschool education at private and public schools for every child, the state determined that some faith-based preschools weren’t eligible.
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The state said that the preschools operated by the St. Mary’s and St. Bernadette’s Catholic parishes in the Archdiocese of Denver prioritize Catholic admissions and have religious expectations for their teachers. Becket says that banning the Catholic preschools from the funding is unconstitutional because it forces parents to pay for what other families are receiving for free through the state.
Becket also says the ban makes it harder for St. Mary’s and St. Bernadette’s to compete with preschools that can offer free preschool education.
“Universal should mean universal,” said Nick Reaves, counsel at Becket. “Colorado is slamming the door on hundreds of parents that need help sending their kids to preschool, all because the schools that are best for their kids reflect their beliefs. We are asking the court to stop Colorado’s campaign against preschoolers and the schools that want to serve them. Families should be free to choose the private school that best meets their needs — whether it is secular or religious.”
Becket, which The New York Times has pointed out commands the respects of the Supreme Court, has earned the praise of Pope Francis, leaders of The Church of Jesus Christ of Latter-day Saints and other religious leaders. Becket’s mission statement says it exists to “defend the free exercise of all faiths, from Anglican to Zoroastrian.”
“We thank the Becket Fund for its tireless efforts in defense of religious liberty,” Elder Lance B. Wickman, general counsel for the Latter-day Saints, has said. “Becket understands, as we do, that if we fail to diligently protect religious freedom — a vitally important freedom in its own right — other important rights may also be imperiled.”
In 2012, Becket awarded President Dallin H. Oaks, first counselor in the church’s First Presidency, with its Canterbury Medal, given each year to someone “who has resolutely and publicly refused to render to Caesar that which is God’s.”
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In the Colorado case, Becket points out that the U.S. Supreme Court has affirmed three times in the past six years that states cannot exclude some people from public benefits because of their religious beliefs.
In 2020, the Supreme Court ruled in Espinoza v. Montana Department of Revenue that Montana could not exclude religious schools from a scholarship program based on Montana’s Blaine Amendment, an anti-Catholic law from the 1800s that burdened religious ministries based on their faith-driven beliefs. The decision strengthened the 2017 precedent set in Trinity Lutheran v. Comer that said a religious school could not be blocked from participating in a state recycling program.
In June 2021, the court found that the city of Philadelphia could not exclude Catholic foster parents or Catholic Social Services simply because city officials disagreed with their sincere religious beliefs about marriage.
In September 2021, the court found that Maine could not exclude religious schools from its tuition assistance program.
According to Becket, Colorado families “should be free to choose to send their kids to a Catholic preschool without forfeiting a public benefit — especially one the State has described as ‘universal.’”
See below for a graphic Becket published describing the Colorado case.
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About the church
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This was a strong opinion piece reflecting on the Latter-day Saint FAIR Conference, BYU Education Week and the misperception of declining faith in America.
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