A legal battle in Colorado between Catholic preschools and the state's universal preschool program could have major implications for LGBTQ+ children's access to education. Two Catholic preschools are seeking exemptions from non-discrimination rules based on sexual orientation and gender identity, potentially barring LGBTQ+ children and families from enrolling if the preschools join the state-funded program.
Naomi, 7, right, and her sister MJ, left, sit in a swing with their parents Brittany and Orlando beside them, outside of their home in Denver on Sept. 17, 2024. As the mother of a transgender daughter, Brittany spoke on the condition their last name not be used about how Catholic preschools’ lawsuit against Colorado ’s universal preschool program could impact their family. At a time when the U.S.
“It’s so upsetting that there’s so much hate for our kids,” said Brittany, who is not involved in the lawsuit but represents the kind of family that could be affected by it. She spoke on the condition that her last name not be published to protect her family’s privacy.Colorado invited religious preschools to join state program
But the Catholic preschools instead wanted the state to exempt them from the parts of the non-discrimination rule covering sexual orientation and gender identity. State officials refused, saying In the Colorado case, Senior U.S. District Judge John L. Kane disagreed with the Catholic preschools on that point in his ruling.
“We were really happy that the ultimate ruling that came out was that you can’t discriminate against our community,” said Brittany, who runs a monthly park play group for transgender children and started the Denver chapter of the national group TransParent. “She came home happy and excited and said, ‘Mom, I told my whole class that I was trans and they’re all still my friends,’ ” she said.
Naomi, 7, left, her mother Brittany, father Orlando and little sister MJ, 4, sit together on their front lawn outside of their home in Denver on Sept. 17, 2024. The Catholic preschools in the Colorado case describe their refusal to enroll children from LGBTQ families as a way to avoid confusing children who might hear one thing from their parents and another from their preschool teachers.
Amanda Henderson, director of the Institute for Religion, Politics & Culture at the Iliff School of Theology in Denver, said diverse opinions within the church creates a thorny job for the courts. “The lawsuit forced us to ask: ‘Do we keep our child at Wellspring Catholic Academy and seemingly support the lawsuit, forsaking our values and our consciences? Or do we forgo Catholic education at Wellspring to stand in solidarity and love with our own LGBTQ loved ones?’ ”Will Colorado’s preschool case lead to K-12 impacts?
“Lurking in that case is this notion that a religious entity could not only seek to participate in public programs, but actually become a public school,” said Kim, of the Education Law Center,
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