Equal Access for LGBTQ+ Families in Colorado Preschools

On October 23rd, Interfaith Alliance and Interfaith Alliance of Colorado, in collaboration with a coalition of religious and civil rights organizations, filed an amicus brief in the case of St. Mary Catholic Parish in Littleton v. Roy, advocating that while freedom of religion is crucial, it should not be used as a justification for discriminating against LGBTQ+ individuals. We collectively support Colorado's Universal Preschool Program, which mandates that all participating providers adhere to anti-discrimination rules regarding sexual orientation and gender identity. This ensures that LGBTQ+ families can access services without facing stigma.

The coalition emphasizes that these neutral rules apply universally, reinforcing that protecting marginalized groups is a fundamental public interest, even when it may conflict with certain religious beliefs. Colorado's Preschool program's equal-opportunity requirement is specifically designed to prevent discrimination based on sexual orientation and gender identity.

In response, the plaintiffs, comprised of religious schools, including St. Mary Catholic Parish, are challenging this requirement. They argue that compliance with these anti-discrimination rules burdens their religious freedom, asserting they should be exempt due to their beliefs. However, court rulings have consistently established that generally applicable laws, even unintentionally affecting religious practices, do not receive special scrutiny.

Under this program, all participating schools, whether religious or secular, must follow rules prohibiting discrimination based on sexual orientation and gender identity. Allowing religious groups to bypass essential regulations, such as providing inclusive lunches for all children, could lead to harmful consequences and undermine public safety.

Many LGBTQ+ families, including those of diverse religious traditions, actively seek inclusive educational environments for their children. Permitting any form of discrimination contradicts the fundamental promise of equality in America. Upholding this requirement is crucial for protecting the rights and dignity of all families, ensuring a welcoming and affirming environment for everyone. Our coalition's advocacy highlights the importance of equality and inclusion in publicly funded programs, fostering a society where all families can thrive, regardless of their identities.