A federal judge Tuesday rejected most of the claims made by two Colorado Catholic preschools that sued the state of Colorado over its universal preschool program.
However, it’s not clear what impact the ruling will have given that the state recently removed a nondiscrimination clause that was at the heart of the lawsuit from the agreement that universal preschool providers must sign to participate this upcoming school year.
Colorado’s $322 million universal preschool program, launched last August, provided 10 to 30 hours per week of free preschool to 40,000 4-year-olds this past school year. Families could pick preschool classrooms in public schools, private child care centers, state-licensed homes, or faith-based programs. Of the 1,900 providers who participated, 40 were faith-based.
However, Kane did side with the Catholic parishes on another, more narrow aspect of the nondiscrimination clause. Explaining it requires some backstory. At trial, Dawn Odean, the director of Colorado’s universal preschool program, testified that the congregation preference “would allow a Catholic provider to reserve seats for ‘Catholics’ and allow a Lutheran provider to reserve seats for ‘Lutherans,’ and the Catholic provider ‘wouldn’t have to provide an opportunity to enroll Lutherans,’” according to Kane’s ruling.
Through the congregation preference, he wrote, the state “enable faith-based providers to effectively discriminate on the basis of religious affiliation” but at the same time denied the two Catholic parishes an exemption from the nondiscrimination clause. Lawyers for the Catholic parishes declared victory in a press release but also mentioned the possibility that Kane’s decision “may be appealed by any party.”
Colorado Department Of Early Childhood Gov. Jared Polis Nick Reaves Counsel At Becket A Nonprofit Law Firm That Specializes In Religiou Senior U.S. District Judge John L. Kane St. Bernadette’S In Lakewood St. Mary’S In Littleton Universal Preschool In Colorado
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