U.S. Supreme Court Agrees to Hear Colorado Case on Catholic Preschool Funding

The U.S. Supreme Court agreed this week to hear a Colorado case that could determine whether states can exclude religious schools from publicly funded preschool programs.

The case involves Colorado's universal preschool tuition program, which provides state funding for early childhood education. Catholic preschools in the state were excluded from the program, and the Archdiocese of Denver challenged that exclusion as a violation of religious freedom.

Lower courts ruled against the Catholic schools, but the Supreme Court's decision to take up the case signals that at least four justices believe the issue deserves a closer look. Oral arguments have not yet been scheduled.

Religious liberty advocates say the case follows a pattern of Supreme Court decisions that have increasingly protected the rights of religious institutions to participate in government programs on equal terms with secular organizations. In 2022, the court ruled in Carson v. Makin that Maine could not exclude religious schools from a tuition assistance program.

Critics of the Catholic schools' position argue that funding religious preschools with public money raises concerns about the separation of church and state. They say states should have the flexibility to design their own education programs.

The Colorado program was created to expand access to early childhood education across the state. Officials said the exclusion of religious schools was intended to keep the program neutral on matters of faith.

The case is being watched closely by Catholic school advocates, who say the outcome could affect similar programs in other states. More than 30 states have some form of publicly funded preschool, and the rules around religious school participation vary widely.

A decision is expected before the end of the court's current term in June 2026.