On August 24, 2026, FFRF filed an amicus brief with the Supreme Court in a case testing whether Colorado can forbid faith-based preschools from discriminating in their admissions decisions as a condition for receiving government childcare funding.
In 2020 Colorado voters approved creating a fund for a statewide, voluntary, universal preschool program. In 2022, the state adopted the Early Childhood Act, which established rules for the program, including a nondiscrimination requirement. St. Mary Catholic Parish in Littleton, Colorado, is arguing that a nondiscrimination requirement “excludes” it from the program because it forbids discrimination against LGBTQ+ 4-year-olds or 4-year-olds with LGBTQ+ parents in accordance with Catholic doctrine.
FFRF’s brief argued that mandating religious exemptions whenever any secular exemption is allowed would create a chaotic system and would require lawmaking to a degree that legislatures are not prepared to handle. The First Amendment’s Free Exercise Clause does not give an individual the ability to avoid compliance with a “valid and neutral law of general applicability.” The fact that Colorado allows preschools to prioritize serving low-income preschoolers and preschoolers with disabilities does not undermine Colorado’s interests in nondiscrimination.
Additionally, states have historically required nondiscrimination requirements for private organizations to participate in public funding programs. St. Mary Catholic Parish complains that the nondiscrimination requirement at issue in this legislation was “targeted” to burden their religion. In reality, most public funding programs have strings attached to ensure they achieve their goals.
This brief was drafted by Legal Fellow Charlotte Gude.
