Religious preschools want public funding, but exemptions from nondiscrimination rules – the Supreme Court will decide if that’s constitutional

Religious schools may participate in Colorado's Universal Preschool Program if they follow its requirements, including antidiscrimination rules. FatCamera/E+ via Getty Images

When Colorado launched its Universal Preschool Program in 2023, the goal was simple: Give every 4-year-old in the state access to free, publicly funded education. To deliver on that promise, the state allowed both public and private providers – including faith-based preschools – to participate, provided they abide by the program’s rules.

Those include a requirement not to discriminate against students or families based on sexual orientation or gender identity – which quickly triggered a legal battle.