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Supreme Court Weighs If Colorado Can Make Christian Schools Enroll Trans Kids To Get Fundinghttps://thefederalist.com/2026/11/03/supreme-court-weighs-if-colorado-can-make-christian-schools-enroll-trans-kids-to-get-funding/In 2020, Colorado voters approved Proposition EE to fund free, voluntary preschool for every family. The legislature promised a “mixed delivery system” available to public and private, religious and secular schools alike. Then it attached a condition: every participating preschool must agree to enroll children “regardless of … religious affiliation, sexual orientation … or gender identity.”
For the Archdiocese of Denver, which oversees 36 Catholic preschools, that condition was no technicality. Teachers, staff, and parents sign a statement affirming they will live according to church teaching and the parishes’ sincerely held belief that they must consider a family’s sexual orientation and gender identity at admission.
The archdiocese asked for an exemption. The state said no. So Catholic preschools stayed out, and families like Daniel and Lisa Sheley lost a benefit their own tax dollars support.
The Tenth Circuit’s Sleight of Hand
The federal trial court sided with Colorado, concluding that the state did not exclude religious schools at all. Colorado, it said, “welcomed and actively solicited” the participation of faith-based schools, subject only to a nondiscrimination rule that applies to everyone.
That is a distinction without a difference. In just the last ten years, the Supreme Court has held three times that a state that funds private education may not withhold those funds because a school is religious or because it will use them religiously: Trinity Lutheran Church of Columbia, Inc. v. Comer, Espinoza v. Montana Department of Revenue, and Carson v. Makin. A condition that a faithful Catholic school cannot satisfy excludes that school just as surely as a sign on the door reading “No Catholics Need Apply.” Colorado simply moved the exclusion from the statutory rules to the contract between the state and the schools.

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Whose Shampeachment Is It Anyway, where the high crimes are made up, and the evidence doesn't matter