SCOTUS To Decide Whether Colorado’s ‘Universal’ Preschool Program Can Exclude Catholic Families:
The U.S. Supreme Court has agreed to take up a major case involving Colorado’s alleged infringement of Catholic families’ First Amendment rights.
The high court announced on Monday that it will hear arguments in St. Mary Catholic Parish v. Roy, which centers around Colorado’s apparent exclusion of Catholic families and preschools from its “universal” preschool program. As Andrea Picciotti-Bayer previously described in these pages, the state told Catholic parishes upon the program’s enactment that “they could participate — so long as they abandoned Church teaching on sexual orientation and human identity.”
“The price of the subsidy, in other words, is the surrender of the faith,” Picciotti-Bayer wrote. “Catholic families who refuse that bargain pay full tuition out of pocket while their tax dollars underwrite everyone else’s preschool — a hardship that for some has meant forgoing preschool entirely, undermining the very interest the state claims to be serving.”
St. Mary Catholic Parish and other co-plaintiffs filed a lawsuit challenging Colorado’s policy, in which they alleged that it violated their First Amendment rights.
The U.S. District Court for the District of Colorado denied plaintiffs’ request to implement an injunction prohibiting the policy’s enforcement and further ruled that it does not violate the First Amendment. “However, the court did enjoin the state from enforcing the nondiscrimination requirement as to religious affiliation for as long as a congregation preference existed, a ruling not challenged on appeal,” according to Justia.
The 10th Circuit Court of Appeals later affirmed the lower court’s ruling, prompting plaintiffs to appeal to SCOTUS for relief.
In its Monday order, the Supreme Court agreed to address the questions of whether “proving a lack of general applicability under Employment Division v. Smith requires showing unfettered discretion or categorical exemptions for identical secular conduct,” and whether “Carson v. Makin displaces the rule of Employment Division v. Smith only when the government explicitly excludes religious people and institutions.” --->READ MORE HERE
Supreme Court to hear Catholic parish's challenge after Colorado barred schools from universal pre-K program
St. Mary Catholic Parish v. Roy oral arguments set for this fall in case over state preschool funding
The Supreme Court has agreed to hear a Catholic parish's argument after Colorado excluded its schools from the state's program that pays for families to send their children to the preschool of their choice, public or private.
The oral arguments in the case of St. Mary Catholic Parish v. Roy are expected to take place this fall.
The case could redefine how states balance anti-discrimination laws with religious freedom.
The Archdiocese of Denver, which oversees 34 Catholic preschools, argues that its schools are an extension of the church’s ministry. To maintain the integrity of their religious environment, the Archdiocese says its schools admit only families who support Catholic beliefs, including on sex and gender.
The schools require staff and families to sign statements to "affirm that they will support the teachings of the Catholic Church" and that "all Catholic school families must understand and display a positive and supportive attitude toward the Catholic Church" prior to enrollment, the Archdiocese says.
Colorado officials, however, maintain that the Universal Preschool Program is designed to be inclusive of all children, regardless of their background or their family’s identity. --->READ MORE HERE
If you like what you see, please "Like" and/or Follow us on FACEBOOK
here, GETTR
here, and TWITTER
here.
No comments:
Post a Comment