Archdiocese of Denver Brings Its LGBTQ+ Discrimination Case to the Supreme Court

U.S. Supreme Court

The Archdiocese of Denver’s lawsuit againts the state of Colorado over its universal preschool program, which provides state funds to preschools that meet certain requirements, including compliance with a nondiscrimination clause that prevents schools from denying children of LGBTQ+ couples, is now headed to the U.S. Supreme Court.

The high court agreed to hear the case in this year’s October term after an appeals court found that this program did not violsate the archdiocese’s religious rights.

According to Reuters, in order to receive state funds, a preschool must “give all children equal opportunity to enroll in preschool regardless ​of certain characteristics, including the sexual orientation or gender identity of students or their family members.” The plaintiffs’ request for the Supreme Court to hear their case asserts that the state is labeling their “religious practice of admitting only families who support Catholic teachings, including on sex and gender” as discrimination, when it is no different than other preschools that prioritize students from low income families, or students with disabilities.  

Following the introduction of this program in 2022, QNews says the 34 Catholic preschools in the Archdiocese of Denver applied for an exemption from this rule. State authorities rejected their application, and in 2023, the Archdiocese launched its lawsuit. Since then, multiple lower courts have upheld the state’s policy as being neutral, since they don’t exclude all religious preschools, only those with discriminatory admissions practices. Therefore, the policy does not infringe on the plaintiffs’ free expression of religion, which the First Amendment protects. 

“Although the equal-opportunity requirement allows providers to specifically serve low-income families and children with disabilities, it does not grant the Department the authority or discretion to exempt providers from complying with the requirement,” said U.S District Judge John L. Cane in a 2024 ruling, according to UPI.

The parishes’ lawyers argue that by denying funds to Catholic preschools, the government is pushing Colorado families “‘toward preschools that share the government’s views on these issues,’ thereby penalizing religious schools and families who disagree.” They also argue that after the 2015 legalization of gay marriage, the court “promised that religious groups would be protected when they dissent from secular orthodoxies about marriage and sexuality.

Nearly all US states and Washington DC offer some form of universal preschool. If the Supreme Court rules in favor of the Archdiocese, this could induce a domino effect that invalidates non-discrimination clauses attached to funding.

Francis DeBernardo, executive director of New Ways Ministry, commented that “if the archdiocese followed Pope Francis’ pastoral approach that the church should welcome ‘todos, todos, todos’ (everybody, everybody, everybody), there should be no problem with accepting students of LGBTQ+ parents, especially when their presence has absolutely no effect on the administration or educational content of the schools.”

–Lynnzee Dick, New Ways Ministry, May 4, 2026