Preschools Deny Kids Entry — Still Want Money

Colorful playground slide in front of a building.

Religious preschools in Colorado demand taxpayer dollars while rejecting children based on gender identity, forcing the Supreme Court to decide if faith trumps equal access.

Story Snapshot

Supreme Court hears arguments in April 2026 on Colorado preschools challenging exclusion from Universal Preschool Program over anti-discrimination rules.
Lower courts ruled in favor of Busy Bees Preschool and Catholic parishes, applying strict scrutiny to state provisions.
Colorado appeals, citing 41 compliant faith-based sites and neutral rules ensuring equal access for all children.
Tension pits First Amendment religious freedom against state mandates on sexual orientation and gender identity.
Precedents like Espinoza favor inclusion, but preschools seek funding without compliance.

Colorado Launches Universal Preschool Program

Colorado enacted the Universal Preschool Program in 2023-2024, offering every 4-year-old 15 hours weekly of free preschool funded by taxes. Providers must comply with anti-discrimination rules, prohibiting denial of admission based on race, ethnicity, religion, sexual orientation, or gender identity. The program served over 43,000 students in its first year, including more than 1,000 at 41 faith-based sites that followed the rules.

District Courts Side with Religious Preschools

Federal district court in February 2025 ruled for Darren Patterson Christian Academy’s Busy Bees Preschool in Chaffee County. The court applied strict scrutiny, finding state provisions like waivers and congregation preferences non-neutral. Busy Bees gained participation without full anti-discrimination compliance. Two Catholic parishes received similar favorable rulings later in 2025, seeking UPK access while upholding faith-based admission and hiring standards.

State Appeals to Higher Courts

Colorado Department of Early Childhood filed a 102-page appeal brief to the 10th Circuit in September 2025. The state argued UPK rules remain neutral and generally applicable, not targeting religion. Officials highlighted 41 participating faith-based preschools as proof of inclusion. The appeal challenged strict scrutiny, asserting rational basis review suffices for equal child access regardless of family beliefs.

Supreme Court Steps In

The U.S. Supreme Court scheduled oral arguments for April 2026, with a ruling expected by June. Busy Bees continues receiving funds during litigation. This case builds on precedents: Trinity Lutheran (2017) barred denying playground grants to religious preschools; Espinoza (2020) struck Montana’s exclusion; Carson (2022) mandated inclusion in aid programs. The Court thrice rejected excluding religious entities from neutral funding.

Supreme Court will hear from religious preschools challenging exclusion from taxpayer-funded program https://t.co/lHBUOpzPrN

— David Crary (@CraryAP) April 20, 2026

Stakeholders Clash Over Funding and Faith

Darren Patterson Christian Academy and Catholic parishes seek taxpayer funding while rejecting children or staff based on gender identity or sexual orientation, aligning with doctrines. Colorado Department of Early Childhood defends equal access for all. Becket Fund for Religious Liberty, via Lori Windham, filed briefs urging adherence to precedents. Common sense aligns with Supreme Court rulings: states cannot penalize religious status in neutral programs, though equal access claims hold merit absent discrimination.

Implications for Families and Funding

A Supreme Court affirmance expands religious preschool participation, boosting options but prompting LGBTQ+ families to opt out. Long-term, it pressures states nationwide to include faith-based providers or risk strict scrutiny. Taxpayer funds already support 1,000 children at faith sites. Social debates intensify between religious liberty and nondiscrimination, testing program stability for 43,000 students.