Tackling the latest in a series of cases that pit LGBTQ and religious rights against each other, the Supreme Court on Tuesday will consider whether Catholic entities should be exempted from the state’s antidiscrimination rules so they can participate in a taxpayer-funded preschool program.
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they → tackle → program
In the Election Day session, the justices will weigh whether Colorado’s refusal to grant an accommodation violates the religious rights of the Archdiocese of Denver and other plaintiffs under the Constitution’s First Amendment.
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refusal → weigh → Amendment
It is the latest in a series of cases in which Christian plaintiffs have pushed back against antidiscrimination measures aimed at protecting LGBTQ rights.
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plaintiffs → push → rights
Most such cases considered by the Supreme Court in the past decade have arisen from Colorado.
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cases → consider → Colorado
The court has a 6-3 conservative majority that regularly favors religious rights in cases brought by Christian groups.
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that → have → groups
At issue is a provision of state law that bars preschools from participating in the state-funded program if they refuse admission to children based on the sexual orientation or gender identity of the child or parents.
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they → bar → child
As Catholic doctrine does not recognize same-sex relationships or transgender status, the plaintiffs say the rule conflicts with their religious rights.
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rule → recognize → rights
The case is “uncomplicated,” the archdiocese’s lawyers at religious liberty group Becket said in court papers, because Colorado “knowingly excluded Catholic preschools solely on account of their religious exercise.”
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Colorado → say → exercise
The Catholic plaintiffs have the backing of the Trump administration.
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plaintiffs → have → administration
The preschool program, approved as part of a statewide referendum in 2020, provides taxpayer funds for parents to send their children to their preferred preschool.
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parents → approve → preschool
The state’s lawyers, led by Attorney General Phil Weiser, a Democrat, said in their own court filing that religious schools can and do participate in the program as long as they agree to abide by the antidiscrimination provision.
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they → lead → provision
The Catholic preschools “want to receive public funding without complying with those conditions,” they added.
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they → want → conditions
The case before the justices on Tuesday focuses on the long-running question of whether excluding religious groups from certain government programs violates the Constitution’s First Amendment, which protects the free exercise of religion.
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which → focus → religion
In a 1990 ruling called Employment Division v. Smith, the Supreme Court stated that religious exemptions are not required when a law applies equally to everyone.
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law → call → everyone
The court has stopped short of overturning that ruling in recent cases, even as it has ruled in favor of religious plaintiffs.
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it → stop → plaintiffs
In a notable ruling in 2021, the court ruled that a Catholic group could not be barred from a Philadelphia foster care program because of its views opposing same-sex couples.
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group → rule → couples
The Catholic challengers in the Colorado case argue, among other things, that the state program already contains some loopholes that allow for schools to apply some discretion when accepting children.
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schools → argue → children
They are allowed, for example, to prioritize children with disabilities and those from low-income families.
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They → allow → families
Those allowances “expressly conflict” with the state’s equal access requirement, the challengers wrote in court papers.
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challengers → conflict → papers
In a separate line of recent rulings, the Supreme Court has also paved the way for taxpayer money to flow to religious groups, including schools, despite longstanding prohibitions driven by the First Amendment’s Establishment Clause, which bars government endorsement of religion.
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which → pave → religion
Colorado argues that its allowance for specialized services for disabled children and low-income families is consistent with its equal access approach because it “advances Colorado’s interests” in ensuring that disadvantaged people are not denied entry to the preschools, the state’s lawyers wrote.
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lawyers → argue → preschools
Separately, preschools operated by Catholic Charities do participate in the state program.
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preschools → operate → program
That organization has a different mission from the preschools run directly by the church and does not require attendees to comply with Catholic teachings.
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organization → have → teachings
The Sheleys have seven children, with one in preschool and another soon to follow.
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Sheleys → have → preschool
The Sheleys have not been able to benefit from more than $12,000 in tuition assistance because they chose to send their children to the church’s preschool, their lawyers said.
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lawyers → benefit → preschool
The archdiocese operates 34 preschools in the state in total.
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archdiocese → operate → total
The challengers sued in 2023 but lost in lower courts before asking the Supreme Court to weigh in.
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challengers → sue → Court
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