Colorado Catholic Preschools Argue in Federal Court That State Discriminates Against Them

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A federal judge heard testimony this week in a trial that will decide whether the state of Colorado can exclude Catholic schools from participating in its universal preschool program.

The Archdiocese of Denver, along with two Catholic preschools, is taking legal action against the state, contending that the program is unconstitutional as it discriminates against Catholic schools by preventing them from participating.

Nick Reaves, an attorney with the religious liberty law firm Becket, which is representing the archdiocese, told CNA that “by excluding religious preschools from its universal preschool program, Colorado is shutting out hundreds of families, including low-income and minority families, who want a faith-based education for their children.”

The suit, which began on Tuesday, was filed in the U.S. District Court for the District of Colorado in August 2023. Colorado’s universal preschool program, created in 2022, offers eligible families at least 15 hours per week of free preschool for every participating child, according to the program website.

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