Preschools, Money, and the Church Debate

Colorado has rolled out a new preschool plan that pays both public and faith‑based schools. The program says no child can be rejected because of the parents’ sexuality or gender identity, and it also reserves spots for kids from the schools’ own churches.

A Catholic parish that does not welcome same‑sex families claims the rule forces it to abandon its core beliefs. The state argues that the policy is neutral and applies equally to all preschools, so it should remain in place.

Legal Context

The Supreme Court’s earlier ruling in Employment Division v. Smith gave the government a lighter test for laws that touch religion but are meant for everyone. The court said a state only had to show the law was rational, not that it served an urgent interest. Some people say this makes it easier for churches to ask for exemptions, while others argue it prevents the government from overreaching.

Critics of the Smith standard say it is too easy and weakens First Amendment protections. They claim that forcing a religious school to abandon its teachings about marriage and gender would be a serious violation of free‑exercise rights. They point to other cases where courts applied strict scrutiny, which requires a compelling government interest and a narrowly tailored law.

Arguments For and Against

Supporters of the plan argue that it does not force a church to give up its faith. It simply requires all schools, religious or not, to follow the same nondiscrimination policy when they accept state money. They compare it to a rule that lets a university keep its religious identity while still giving the military equal access. They also note that schools could opt out of funding entirely, preserving their beliefs.

Critics argue the lenient Smith test undermines First Amendment protections. They worry that a religious school could be compelled to abandon teachings about marriage and gender, violating free‑exercise rights. They cite cases where strict scrutiny was applied to protect religious liberty.

The Core Question

The core question is whether the Court should stick with the lenient Smith test or return to strict scrutiny, which places a higher burden on the government. The outcome will shape how religious schools interact with public programs and could influence future cases about faith, law, and government benefits.