Trump Administration Backs Catholic Suit to Let Schools Discriminate Against LGBTQ+ People
The Trump administration has taken what is being called “an unusual step” by filing an univited amicus brief in a U.S. Supreme Court case involving the ability of Catholic schools in Colorado to discriminate against LGBTQ+ families.
USA Today reported that “The Justice Department, which under President Donald Trump has taken a hard line against LGBTQ+ rights, took the unusual step of weighing in on the case without being asked by the justices.”
The case, St. Mary Catholic Parish vs. Lisa Roy, seeks to overturn the 10th Circuit Court of Appeals’ decision which ruled that Catholic pre-schools that take part in Colorado’s state-funded preschool program are not permitted to discriminate against LGBTQ+ families. The decision was unanimous from the three-judge panel.
The Supreme Court has not yet decided to hear the case which is being brought by St. Mary Parish, Littleton, St. Bernadette Parish, Lakewood, two parents of pre-schoolers along with the Archdiocese of Denver.
The Justice Department brief argues that the state law allows schools to have admission preference based on other other factors, such as income level or the need for specialized learning plans.
USA Today reported that the Circuit Court’s rejected that comparison because “Unlike refusing to admit a student whose parents are gay, matching students with disabilities and those who come from poor families with schools that can best suit their needs isn’t discrimination, Judge Richard Federico explained this principle using a reverse comparison:
“It is farcical to say that non-disabled children are being discriminated against by being denied special education designed for disabled students, or that high-income students are being discriminated against by preschools participating in Head Start.”
According to the U.S. Solicitor General John Sauer, the Justice Department took the unusual step of filing a brief to show how seriously the Department takes religious liberty cases.
While I am in no way a legal expert, it has always seemed to me that in cases involving public funds and religious values, if a church institution or person of conscience believes that they cannot follow the public’s requirements for accepting such funds, then they should do the honorable thing and not accept the money. As noted in yesterday’s blog post, there is a grand tradition in secular and church history that people of conscience decide to live by their values even if it means suffering consequences for doing so.
Of course, Catholic institutions wouldn’t have to make such a choice if they would follow the traditional Catholic values of honoring human dignity, respecting differences, and not discriminate against LGBTQ+ people. If church institutions would follow the late Pope Francis’ directive to welcome “Todos! Todos! Todos!” they would be spending their money to become more welcoming instead of on legal fees.
—Francis DeBernardo, New Ways Ministry, February 5, 2025
Interested in Why Catholics Support LGBTQ+ Non-Discrimination?
In addition to this publication’s main text, which explains why Catholics support LGBTQ+ non-discrimination, the booklet contains 24 testimonials from a diversity of Catholic leaders, including bishops, cardinals, theologians, women religious, community organizers, and social justice advocates. Some of the more well-known names include: Washington’s Cardinal Robert McElroy, Santa Fe’s Archbishop John Wester, prominent theologians Fr. Bryan Massingale and Cristina Traina, the Sisters of Mercy of the Americas, and even Pope Francis.
The book includes a series of reflection and discussion questions, as well as a list of resources and organizations, making it a great educational tool for individual reflection and for use in parishes, schools, and other Catholic settings.
The book’s main text is based on a theological statement about LGBTQ non-discrimination that New Ways Ministry produced in the summer of 2021. It was publicly endorsed by over 750 key Catholic figures including theologians, scholars, pastoral leaders, and social justice advocates.
For information and to order copies for yourself, your school, your parish discussion groups, click here.
For a number of years I was in Oakland diocesan director of ministry for Gay & Lesbian Ministry and their families.
Additionally I spoke at Catholic High school teachers and leaders, especially when gay and lesbian students are attacked.
Fighting against anti-discrimination laws is not fighting for religious freedom. It’s fighting for discrimination. It’s past time for this church to stop being on the wrong side of the law, not to mention the wrong side of human decency, and dare I say, the teachings of Jesus!