Colorado has enacted a Universal Preschool Program that uses a “mixed delivery system” for delivering preschool services through a combination of school- and community-based preschool providers funded by a combination of public and private money. Colorado has chosen to condition participation in the Preschool Program on compliance with an “equal opportunity” requirement that eligible children be permitted to enroll in the program and receive services regardless of certain characteristics, including sexual orientation and gender identity. This requirement ensures that LGBTQ+ children and families do not suffer the stigma and degradation associated with discrimination when they seek to participate in the Program.
Religious schools brought a lawsuit challenging the constitutionality of Colorado’s equal-opportunity requirement. The schools argue that Colorado’s funding condition burdens their religious practice. The U.S. District Court for the District of Colorado rejected the schools’ arguments. The schools appealed to the U.S. Court of Appeals for the Tenth Circuit.
On October 23, 2024, Americans United filed an amicus brief before the Tenth Circuit. We argued that Colorado’s equal-opportunity requirement is religion-neutral and generally applicable, and that religious freedom does not include the right to violate such antidiscrimination policies.
