Supreme Court signals support for religious schools rejecting same-sex families

The Supreme Court signaled on Tuesday that it is likely to rule in favor of Catholic preschools receiving taxpayer money that have denied enrollment to children of same-sex couples. The conservative majority expressed doubt that a Colorado law barring discrimination based on sexual orientation and gender in publicly funded preschools aligns with recent precedents expanding religious schools' access to public funds.

During two hours of oral argument, Justice Brett Kavanaugh questioned why Colorado had “provoked” the confrontation by enforcing the discrimination provision without allowing schools to opt out. Justice Sonia Sotomayor, representing the liberal wing, challenged the argument that schools could exclude children merely because their presence would cause the school harm, a framing the Justice Department attorney rejected in favor of the schools' religious tenets.

The case stems from a 2020 Colorado ballot provision that provides state funding for a universal preschool program with a nondiscrimination clause. The appeal, filed by the religious public interest firm Becket, tests the limits of religious exemptions in public funding programs after the court previously barred Maine from excluding religious schools from a tuition assistance program.

A decision in the Colorado dispute is expected by the end of June. The outcome will determine whether states can impose anti-discrimination conditions on public funds for religious institutions, a question that has become increasingly contentious as the court has repeatedly sided with religious interests in recent years.

Read the full story at CNN.