DENVER - In a major victory for religious freedom, a judge ruled on Tuesday that Colorado unlawfully discriminated against two Catholic preschools by denying them funding due to an application question about a family's faith.

The state introduced its universal preschool (UPK) program in 2022, aiming to provide 15 hours of state-funded instruction per week for prekindergarten students. However, the Colorado Department of Early Childhood rejected St. Mary's Catholic Parish and St. Bernadette's Catholic Parish from participating in the program, arguing that the schools' use of application questions regarding parents' religious beliefs did not ensure equal opportunities for all students, as claimed in the lawsuit.

In response, the schools filed a lawsuit asserting their rights to be included in the UPK program.

"The government is punishing families who choose to send their kids to Catholic schools," stated Becket Law, the legal institute representing the 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."

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Judge John Kane Jr. concurred with this argument in a comprehensive ruling spanning over 100 pages, released on Tuesday.

"In their attempts to include and accommodate faith-based providers, Defendants have created an unworkable scheme that breaches the appropriate limits on state power," stated Judge Kane. "Defendants enable faith-based providers to effectively discriminate on the basis of religious affiliation in their admission of preschoolers but, at the same time, deny Plaintiff Preschools an explicit exemption from the related aspect of the equal-opportunity requirement. Defendants have provided no compelling interest for their course of conduct."

This ruling affirms the rights of religious institutions to participate in government-funded programs without facing discrimination based on their religious beliefs. It sets an important precedent for protecting religious freedom and equal opportunities for students attending faith-based schools in Colorado.

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You can read the original complaint below:

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