Colorado Catholic Schools Lose Ability to Discriminate Against LGBTQ+ People

Catholic schools that take part in Colorado’s state-funded preschool program are not permitted to discriminate against LGBTQ+ families, according to a ruling from a federal appeals court in Denver. 

According to the Denver Post, the 10th Circuit Court of Appeals issued a 54-page ruling asserting that there is no proof that the nondiscrimination requirement infringes on the religious freedom of the two Catholic preschools. The decision once again affirms that schools in the program cannot discriminate against LGBTQ+ families.

“The program is a model example of maintaining neutral and generally applicable nondiscrimination laws while nonetheless trying to accommodate the exercise of religious beliefs,” wrote U.S. Circuit Judge Richard Federico. “As such, we can find no reason to rule that the department has violated the Parish Preschools’ free exercise rights.” 

Furthermore, the state “went to great effort to be welcoming and inclusive of faith-based preschools’ participation,” the decision states. 

In August 2023, Colorado instituted a universal preschool program which has funded 15 hours of free education per week for students attending 1,900 different preschools, including 40 faith-based programs. All participating programs are required to adhere to a nondiscrimination agreement that protects a variety of factors, including sexual orientation, gender identity, and religious affiliation.

As Bondings 2.0 reported, two Catholic preschools, St. Mary Catholic parish in Littleton and St. Bernadette parish (which operated Wellspring Catholic Academy, which has since closed) in Lakewood, sued the state with the argument that the nondiscrimination requirement violated their religious liberty. This lawsuit was previously rejected by a lower court, and the latest appeals court  decision affirmed that decision. . 

Nick Reaves, senior counsel at The Becket Fund for Religious Liberty, which is representing the Catholic preschools in the case, issued a short statement in response to the ruling:

“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. We will keep fighting to ensure that every preschooler in Colorado can access quality, affordable education.”

Despite Reaves’s statement, which  that nondiscrimination is anti-religious, many are praising the court’s decision for upholding equity and protecting affordable access to quality education, religiously-based education included. 

State Governor Jared Polis issued a statement which noted:

“We are building a Colorado for all, where every student is free from discrimination and this voter-approved initiative continues to enroll approximately 70% of all eligible four-year-olds each school year and many faith based and secular providers are operating terrific preschools that serve parents and children well.”

Colorado’s preschool program thus continues to offer quality, accessible education to all children, and the invitation continues to be extended to Catholic preschools to participate in that mission and provide affordable Catholic education. Catholic schools ought to consider nondiscrimination a fundamental basis to their operation–certainly not a hindrance. 

—Phoebe Carstens, New Ways Ministry, October 16, 2025