Parents within the Catholic Archdiocese of Denver, which runs 34 preschools across Colorado’s capital city, have challenged a state mandate requiring church-affiliated preschools to admit children of same-sex couples in order to receive public funds. The church has claimed that the law oversteps its First Amendment rights, as it does not recognize same-sex relationships or transgender identities.
Three of the court’s conservative justices have already said that the 1990 decision should be overturned, reported The Hill. The Supreme Court declined to directly take up that question, but is reportedly open to narrowing the precedent set nearly four decades ago.
“The rulings below give hostile states a playbook for leveraging their vast and growing government funding programs to pressure religious schools and other ministries to abandon their religious practices or else be excluded from the arena,” the archdiocese’s lawyers at the Becket Fund for Religious Liberty wrote in court filings.
It’s at least the second instance in which the ultra-conservative Supreme Court has agreed to hear a challenge to Colorado’s LGBTQ protections since Donald Trump returned to office. In March, the judiciary sided with a therapist who claimed that the state’s conversion therapy ban discriminated against her based on her views.
Justice Ketanji Brown Jackson was the lone dissenter, and wrote at the time that the majority’s opinion “could be ushering in an era of unprofessional and unsafe medical care administered by effectively unsupervised healthcare providers.”
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