St. Mary Catholic Parish v. Roy

Archdiocese of Denver Catholic Schools Fact Sheet

Supporting parents as the primary educators of their children 

Families who send their kids to Catholic preschools in the Archdiocese of Denver expect them to receive a high-quality education and to be part of a faith-filled Catholic community. That is exactly what these Catholic preschools provide. For decades, Archdiocesan preschools have assisted parents with the religious and educational upbringing of their children by providing excellent intellectual, moral, and spiritual formation. 

“Universal” preschool, unless you are Catholic

In 2022, Colorado’s Department of Early Childhood established a universal preschool program to provide all preschoolers with 15 hours of free education per week at a private or public school of their parents’ choice in the year before kindergarten. As the word “universal” would seem to indicate, the Department repeatedly emphasized that this program was intended for all Colorado families. After the Department announced the creation of this program, families in Catholic schools across Colorado were eager to participate.

When implementing this program, however, the Department chose to deny preschool funding to parents who send their kids to Catholic schools. Rather than work with all licensed preschools in the State, the Department imposed funding restrictions that categorically excluded all Archdiocesan Catholic preschools from participating—excluding over 1,500 kids attending 36 preschools simply because their parents chose a Catholic education.

The Constitution forbids religious exclusion

The government is punishing families who choose to send their kids to Catholic schools. The State didn’t have to create a program that provides free preschool tuition to families at all private and public schools. But what the government cannot do is use this program to discriminate against families based on their choice of a religious school. The Supreme Court has three times in the past six years affirmed that the government cannot exclude some people from public benefits because of their religious beliefs or exercise. Families should be free to choose to send their kids to a Catholic preschool without forfeiting a public benefit—especially one the government has described as “universal.”

The State shouldn’t put a thumb on the scale in favor of certain forms of secular or religious education. But that is exactly what is happening here: Colorado has admitted that the only preschools it has excluded from the new universal preschool program are a handful of religious preschools with religious beliefs the State does not like.

Colorado’s actions have already had devastating effects. Families who send their children to Catholic schools are put to a difficult choice: pay thousands of dollars out of pocket for Catholic preschool (on top of paying the taxes that cover the State’s program) or pull their children from Catholic school. This choice, unsurprisingly, weighs heaviest for middle- and low-income Colorado families. Just during this litigation, one Archdiocesan preschool that primarily served low-income families seeking a Catholic education for their children had to close.

Importance to Religious Liberty: 

Education: Religious schools should be able to participate in publicly available programs, and religious school students should be able to participate in these programs on equal footing as students who attend non-religious schools.