Catholic Schools in Colorado Face Challenges Due to ‘Equal Opportunity’ Clause

A father in Colorado faces financial challenges by paying for a Catholic preschool while his taxes fund other children’s preschool education. His daughter has spina bifida, and the family’s residence in Colorado is due to better Medicaid coverage for her condition. An additional $6,000 would significantly aid their situation.

A mother working at a lumber company, whose husband is a seasonal house painter, supports a large family. She once thought Catholic schools were only for wealthy families.

Another mother started a florist business to cover tuition costs. She has three children in a Catholic school in Denver but cannot afford to send her youngest to the same preschool. This child now attends a Lutheran preschool through a state program.

“I’m choosing faith,” she says, “and here I’m being punished for that.” Parents at St. Mary School in Colorado feel the impact of pre-K rules that they believe discriminate against Catholics.

A fourth parent took a lower-paying job for a tuition discount and witnessed families leaving due to pre-K costs.

An amicus brief was filed with the Supreme Court on behalf of these families in St. Mary Catholic Parish v. Roy, which the court will hear soon. Dan and Lisa Sheley, parents involved in the challenge, share similar struggles.

Colorado’s universal preschool program aimed to support families like these, but participation requires agreeing to an “equal opportunity” clause covering sexual orientation and gender identity. This conflicts with Catholic teachings on marriage and sexuality. Colorado doesn’t explicitly target Catholics but sets criteria Catholic schools find impossible to meet.

This scenario draws parallels to the 19th-century Blaine amendments, which sought to exclude Catholic schools from public funding under the guise of barring “sectarian” institutions.

Currently, Colorado’s program offers eligible 4-year-olds about $6,000 annually, yet excludes Catholic schools due to the “equal opportunity” requirement.

The Supreme Court has previously ruled against similar exclusions. In recent cases like Trinity Lutheran, Espinoza, and Carson, the Court decided that states must not disqualify schools based on religious practices if offering public benefits.

Colorado’s current rules make exceptions for various providers, but Catholic schools receive no such flexibility, affecting approximately 1,500 students and leading to a 20% drop in Catholic preschool enrollment and the closure of two preschools.

The request before the Supreme Court asks for Colorado to extend the same flexibility to Catholic schools as it does to others. In past rulings such as Masterpiece Cakeshop and 303 Creative, the Court criticized Colorado for intolerance. The argument posits that providing support for private education must not exclude Catholic schools adhering to their faith.

Andrea Picciotti-Bayer, director of the Conscience Project, highlights the importance of addressing this issue.