A federal court in Colorado has ruled that the state violated the law by excluding Catholic preschools from its universal preschool (UPK) program. The decision came after two Catholic preschools and a family challenged the Department of Early Childhood's exclusionary practices, arguing that their schools were denied participation because they consider religious affiliation in enrollment decisions.

The court found that Colorado's exclusion of these schools "created an unworkable scheme that breaches the appropriate limits on state power," and noted that the state "provided no compelling interest" for this exclusion. This ruling follows a similar judgment last year against the state involving another religious preschool.

Nick Reaves, counsel at Becket, commented on the ruling: “Of course a Catholic school shouldn’t be punished for caring about its students’ religion,” adding that "Colorado richly deserves this injunction, as it did the earlier one."

This decision could be appealed to the U.S. Court of Appeals for the Tenth Circuit in Denver.

Becket, a non-profit law firm known for defending religious expression, represents the plaintiffs. They have maintained a 100% win rate before the United States Supreme Court.

For further details or to arrange interviews with Becket attorneys, contact Ryan Colby at media@becketlaw.org or call 202-349-7219.