Colorado Catholic schools, parents challenge state preschool program, say it's actively excluding Catholic families

Next month the U.S. Supreme Court will hear another Colorado case. Two Catholic schools, St. Mary Catholic Parish in Littleton, St. Bernadette Catholic Parish in Lakewood, and the Archdiocese argue their first amendment rights are being violated because they're not allowed to participate in the Colorado Universal Preschool Program.  

The state says its program doesn't apply to those schools because they discriminate against who can attend.

"It is time to pray, it is time to pray," a group of St. Mary preschoolers sang as they got ready to pray before snack time. 

"We chose the school because it's just a phenomenal place," said Erika Nagle, a parent of children at the school. "You know, they are leading our children to greatness."

Lisa and Dan Sheley also have children at the school.

"We have seven children total, and we have four at the school, and then of those four, yes, all four have gone through the preschool."

Their commitment to sending their children to catholic school hasn't wavered, even though it would be cheaper elsewhere.

"We've lost out on $24,000," Dan Sheley explained. The couple estimates they could and arguably should have qualified for around $24,000 toward pre-k tuition. Nagle estimates a similar number.

"$18,000," she said.

The state implemented the Universal Preschool Program in 2023 which provides up to 15 hours per week of funded pre-k for Colorado children. It began as a ballot measure both families voted in favor of. 

"They titled it, 'Universal for All,' said Lisa Sheley. "When you read it, it says, 'Universal for all to be used at the school of your choice.'"

"When we found out that we weren't part of it, it was just such a tough pill to swallow, and it was just kind of shocking to see that the state was actively going out of their way to exclude Catholic families from this benefit," said Nagle.

To qualify for the program, schools must abide by a nondiscrimination policy, which forbids denying admission based on a student's or parent's sexual orientation.

"We do accept any student that is willing to follow our Catholic morals and beliefs," said Lisa Sheley.

In their eyes, this policy violates their First Amendment rights, and the Sheley's have joined the federal case challenging the state's requirements.  

The Colorado Department of Early Childhood declined to comment on active litigation, but in court filings they said UPK's equal-opportunity requirements "ensure that all Colorado parents — catholic parents as well as same-sex parents— know that their children will not be turned away, because of their protected-class status, from the publicly-funded preschool that best meets their families' needs."

"Instead, we're the ones that are being discriminated because we've chosen our Catholic faith and a Catholic education for our children," Lisa Sheley added.

"The state is dangling a carrot over here to incentivize them to leave their Catholic education that they wanted for their children," said Nagle. "And to me, it's upsetting. "

The U.S. Supreme Court is scheduled to hear oral arguments in the case on November 3rd.