10th

Colorado state capitol in Denver. / Credit: Shutterstock

CNA Staff, Dec 19, 2025 / 11:52 am (CNA).

The U.S. Conference of Catholic Bishops, a coalition of Catholic families, and numerous other advocates are petitioning the U.S. Supreme Court to rule in favor of Catholic schools seeking to be included in Colorado’s universal preschool funding program. 

The religious liberty law group Becket said in a Dec. 18 release that the Catholic schools’ advocates — including numerous religious groups, legal organizations, and public policy groups — are urging the high court to rule against Colorado’s “discriminatory exclusion” of the faith-based schools. 

The Archdiocese of Denver and a group of Catholic preschools asked the Supreme Court in November to allow them to access the Colorado program after the U.S. Court of Appeals for the 10th Circuit ruled in September that the state may continue to exclude the preschools from the education fund. 

The state has barred those schools from the funding pool because they require teachers and families to sign a pledge promising to uphold their religious mission, including teachings on sexuality and gender identity.

In an amicus filing this week, the U.S. bishops said the Colorado rule “denies Catholic preschools access to a state-run tuition assistance program solely because those schools adhere to Catholic doctrine about human sexuality.”

Allowing the rule to stand will offer a “roadmap” for other governments to violate the First Amendment rights of religious Americans around the country, the bishops argued. 

Permitting the schools’ exclusion “will impair the ability of Catholic organizations and other faith-based service providers to partner with state and local governments to serve the public,” the prelates said, arguing that the “resulting harm to the nation’s social support infrastructure would be immense.”

In another filing, a coalition of Catholic families said it regards Catholic schools as “essential partners” in their mission to impart the Catholic faith to their children. The Colorado rule, however, would force the Catholic schools to operate in a manner “inconsistent with their religious beliefs and mission.” 

Multiple families in the filing — all of whom have four or more children — testified to the formative role that Catholic preschools have played for them. The families said they “want their children to embrace the Catholic Church’s teachings on the nature of the human person” and that the state rule impedes their ability to do so through Catholic schools. 

Numerous other amicus filers include the Thomas More Society, the Center for American Liberty, and Concerned Women for America as well as religious groups representing Lutherans, Evangelicals, Jews, and Muslims.

Archdiocese of Denver School Superintendent Scott Elmer said via Becket that the archdiocese is “humbled” by the showing of support. 

“Our preschools aren’t asking for special treatment, just equal treatment,” he said, expressing hope that the Supreme Court “takes this case and upholds the promise of universal preschool for every family in Colorado.” 

The Supreme Court has not yet ruled on whether it will hear the case. Becket said the high court will likely decide whether or not to hear it “in early 2026.”