Colorado Permitted to Continue Faith-Based Discrimination by Federal Court
- Denver Catholic Staff
- 9 hours ago
- 1 min read
Federal judges delivered a blow to Colorado Catholic families with preschool-aged children on Tuesday, as the latest decision in the Archdiocese of Denver’s continuing lawsuit against the State of Colorado was published.
On August 16, 2023, Becket filed a lawsuit against Colorado on behalf of two Catholic preschools of the Archdiocese of Denver for excluding religious preschools from participating in the state’s Universal Preschool (UPK) Program.
Following a January 2024 trial, a Colorado federal court ruled that a portion of the Colorado law was unconstitutional but ultimately upheld the State’s decision to exclude Catholic preschools from the program.
Following that decision, the Archdiocesan preschools appealed to the United States Court of Appeals for the Tenth Circuit. In a 54-page decision released this week, that court ruled that the State of Colorado may continue to exclude preschools from the "universal" program on the basis of religious belief. The court's decision thereby perpetuates the faith-based discrimination that faces these Catholic schools and families, who already sacrifice tremendously to provide an excellent, faith-based education for their children.
“Colorado is punishing religious schools and the families they serve for following their faith. The Tenth Circuit’s decision allows the state’s anti-religious gamesmanship to continue," said Nick Reaves, senior counsel at Becket. "We will keep fighting to ensure that every preschooler in Colorado can access quality, affordable education."
To read the full decision from the Tenth Circuit, click below.
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