U.S. solicitor general urges Supreme Court to stop Colorado’s exclusion of Catholic preschools

A broad coalition including the U.S. solicitor general has lined up behind Colorado Catholic families and two Catholic preschools as the U.S. Supreme Court considers whether Colorado violated the First Amendment by excluding Catholic preschools from its universal preschool program because they operate according to Catholic teaching.

The case, St. Mary Catholic Parish v. Roy , challenges Colorado’s requirement that schools participating in its universal preschool program comply with state policies that the Catholic schools say would force them to violate religious beliefs about marriage, sexuality, and employment to receive public funding.

The U.S. solicitor general joined more than 20 states and 43 Republican members of Congress urging the high court to rule against Colorado’s “discriminatory exclusion” of the faith-based schools. The solicitor general argued that Colorado’s policy discriminates against religious exercise, imposes unconstitutional conditions on participation in a public benefit, and conflicts with recent precedents.

Colorado forces petitioners to choose, the solicitor general wrote. “They can either adhere to their faith, which precludes enrolling families…