The Trump administration has taken a bold stand, urging the U.S. Supreme Court to back Catholic preschools in Colorado seeking public funds while maintaining their faith-based admissions policies.
The Justice Department filed an unsolicited brief in support of the Archdiocese of Denver and two Catholic parishes, which are challenging a federal appeals court ruling.
The 10th U.S. Circuit Court of Appeals in Denver previously rejected the schools’ argument, upholding Colorado’s nondiscrimination rules for its tuition-free preschool program. The state requires participating schools, including private and faith-based ones, to provide equal enrollment opportunities regardless of the sexual orientation or gender identity of a child’s family.
The case has the appeals court considering the balance between religious liberty and so-called nondiscrimination mandates. Supporters of the Catholic schools argue that the state’s rules trample on the free exercise of faith by forcing institutions to abandon core beliefs, according to USA Today.
Colorado’s preschool program, designed to offer free early education statewide, allows both public and private schools to participate if they meet specific standards like teacher qualifications and class sizes. Yet, the Archdiocese of Denver, overseeing 36 preschools, instructs its schools to exclude families who reject Catholic teachings on marriage and biological sex. This policy clash has led to a sharp decline in enrollment as parents face thousands in fees without state subsidies.
The Trump Justice Department, in a rare uninvited move, contends that if Colorado permits nonreligious admissions preferences—like prioritizing low-income or special-needs children—then faith-based preferences should also stand. Solicitor General John Sauer emphasized the urgency, stating, “The United States has a substantial interest in the preservation of the free exercise of religion.” This isn’t just legal posturing; it’s a pushback against a creeping overreach that seeks to erase religious identity from public life.
Last year, a unanimous three-judge panel of the 10th Circuit dismissed the comparison between nonreligious admissions priorities and excluding families based on parental sexual orientation. Judge Richard Federico sharply noted, “It is farcical to say that non-disabled children are being discriminated against by being denied special education designed for disabled students.” His ruling framed the state’s policy as neutral, not targeting religious practices but ensuring universal access to funded education.
The Archdiocese, backed by the Becket Fund for Religious Liberty—a group with a winning track record at the Supreme Court—argues this isn’t neutrality but coercion. Scott Elmer, chief mission officer for the Archdiocese, declared, “All we ask is for the ability to offer families who choose a Catholic education the same access to free preschool services that are available at thousands of other preschools across Colorado.” For many faithful parents, this is about preserving a sacred space for their children’s upbringing.
Colorado has until March 2 to respond to the appeal, while a spokesman for the state attorney general’s office stayed silent on the Justice Department’s filing. This hush suggests either strategic caution or a lack of coherent defense for policies that seem to cherry-pick which freedoms matter. The state’s program, after all, actively encouraged faith-based schools to join—only to bind them with rules that clash with their doctrine.
Since 2017, the Supreme Court has repeatedly ruled that states offering private education subsidies cannot outright exclude religious institutions. The appeals court, however, claimed Colorado’s setup is different since it welcomes faith-based schools and allows religious teaching, provided they adhere to nondiscrimination rules. This distinction feels like a legal sleight of hand to sidestep clear precedent.
For conservatives, this case is a litmus test for whether religious liberty still holds weight in a culture obsessed with enforcing ideological conformity. The Justice Department’s hard line under Trump signals a refusal to let faith be steamrolled by progressive mandates masquerading as fairness. If the Supreme Court takes this up, it could redefine how far states can go in meddling with religious institutions.
The Becket Fund’s involvement adds firepower, given their history of securing victories on religious issues, including a 2025 ruling allowing parents to opt children out of certain classroom materials. Their track record suggests this isn’t a long shot but a fight with real teeth. For now, the nation watches as Colorado’s policies face scrutiny at the highest level.
Beyond legalese, this battle cuts to the heart of parental choice and the right to raise children according to deeply held beliefs. Catholic families in Colorado aren’t asking for special treatment—just the same shot at free preschool that others get without strings that choke their faith.
If the Supreme Court sides with the state, expect a chilling effect on religious schools nationwide, as enrollment drops and parents are priced out of faith-based education. Conversely, a win for the Archdiocese could embolden other institutions to stand firm against policies that demand they bow to secular orthodoxy.
This isn’t just about preschools; it’s about whether the government can dictate the soul of private institutions under the guise of equity. As the debate unfolds, one thing is clear: the Trump administration’s uninvited brief isn’t a mere footnote—it’s a rallying cry for those who believe religious freedom isn’t negotiable.
