Issue
Colorado’s universal preschool program provides free preschool for four-year-olds. Preschools participating in the taxpayer-funded program must comply with the state’s “equal opportunity” policy, which requires that preschools “provide eligible children an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability.”
Many religious schools participate in the program already, but St. Mary’s Catholic Parish sought an exemption from the nondiscrimination agreement to permit them to exclude children of LGBT parents and LGBT children from their programs, which was denied. The parish sued, alleging that complying with the requirement would violate its First Amendment right to religious freedom.
A substantial population in Colorado—and nationally—could be affected by discrimination against LGBT families in publicly funded religious preschools. In the U.S., an estimated 5 million children live with an LGBT parent, and an estimated 2.6 million LGBT parents have children under 18. Colorado is home to approximately 67,000 LGBT parents, including many religious parents. Research has shown that anti-LGBT discrimination can lead to adverse mental and physical health outcomes for LGBT families. If the Court allows St. Mary’s Catholic Parish to participate in the taxpayer-funded preschool program without complying with Colorado’s nondiscrimination policy protecting LGBT people, it would allow state-sanctioned stigma.
Summary
This brief presents estimates of the population affected by the discrimination against LGBT families in publicly funded religious preschools. It describes the harms that limiting school choice imposes on children and parents in such families—including LGBT parents who seek a religious education for their children. In light of the well-established harms that stigma causes to LGBT people, scholars explain that Colorado’s requirements do not, by design or operation, target or exclude Catholic preschool programs based on their religious exercise. Instead, they further a compelling interest in protecting children and parents from the foreseeable, tangible, and harmful consequences of the state-sanctioned exclusion of LGBT families from religious preschools.
*Research and analysis for this brief were provided by Lauren J.A. Bouton, Policy Fellow and Research Data Analyst at the Williams Institute.