The U.S. Supreme Court will soon hear a case from Colorado that poses a thorny challenge. Should Catholic preschools that receive public funds be allowed to exclude students from LGBT families?

Ann Schimke of Chalkbeat reports:

The families of 4-year-olds in Colorado’s state-funded preschool program can choose from dozens of religious preschools, alongside hundreds of other public and private options. 

But participating preschools have to agree not to discriminate, including on the basis of sexual orientation or gender identity. 

That was a problem for two Catholic preschools in the Denver suburbs. They said admitting gay or transgender children, or children with gay or transgender parents, would conflict with their Catholic beliefs on sex and gender. The parishes that ran the preschools sued, rather than agree to Colorado’s non-discrimination rules.

The dispute will soon be heard by the conservative-dominated U.S. Supreme Court, the latest in a series of cases challenging traditional understandings of church-state separation. Oral arguments in St. Mary Catholic Parish v. Roy are set for Nov. 3. The court’s decision could have implications well beyond Colorado. 

Between publicly funded preschool programsand state voucher programs, more public money than ever before is flowing to private religious schools. This case asks whether states can put conditions on that public money to ensure all students have access or whether doing so infringes on the First Amendment rights of religious schools.