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

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(The Conversation) — 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.

Catholic preschool providers and the parents of a preschool-age child challenged the requirement in court , arguing that forcing them to sign the agreement unconstitutionally burdened their faith. They allege that because their religious beliefs teach that marriage is strictly between a man and a woman, complying with state antidiscrimination rules would force them to compromise their religious values.

As professors of education law , we see this case as the latest chapter in a struggle over how to balance civil rights protections with the rights of religious…