Originally published at National Catholic Register

COMMENTARY: May Colorado exclude Catholic preschools from its Universal Preschool Program — a publicly funded benefit available to virtually every other provider in the state — simply because those schools operate according to their faith?

In a small parish preschool classroom in Littleton, Colorado, 4-year-olds learn to pray, hear Bible stories and begin to understand that they are children of God. Their parents chose this place deliberately because its approach to childcare aligns with their Catholic faith. And the state of Colorado wants to make them pay extra for that choice.

That is the human reality at the heart of St. Mary v. Roy, which the Supreme Court has agreed to review. The question: May Colorado exclude Catholic preschools from its Universal Preschool Program — a publicly funded benefit available to virtually every other provider in the state — simply because those schools operate according to their faith? An amicus brief I just filed on behalf of The Conscience Project and five Catholic families from the Archdiocese of Denver argues the answer is No.

Colorado’s program promises 15 hours of free weekly preschool to every family. But to participate, private schools must agree to enroll children regardless of “sexual

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