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Federal Appeals Court Affirms Legality of Universal Preschool’s Nondiscrimination Requirement
DENVER - The 10th U.S. Circuit Court of Appeals upheld a federal district court’s decision denying a permanent injunction in St. Mary’s Catholic Parish v. Roy.
The decision marks a significant victory for Colorado families, ensuring continued access to free preschool across the state for all. As stated by the 10th Circuit, “The program is a model example of maintaining neutral and generally applicable nondiscrimination laws while nonetheless trying to accommodate the exercise of religious beliefs.”
“Colorado Universal Preschool was created to support all families from all walks of life, and we stand firm in that mission today,” said CDEC Executive Director Dr. Lisa Roy. “With this ruling, we are excited to continue providing free preschool across diverse settings in ways that warmly welcome all types of providers, including faith-based providers, and ensuring that all children have an equal opportunity to benefit from the strong start in life that Universal Preschool provides.”
The Department is appreciative of the Court’s finding that the Universal Preschool Program “went to great effort to be welcoming and inclusive of faith-based preschool’s participation” and that “The nondiscrimination requirement exists in harmony with the First Amendment and does not violate the Parish Preschool’s First Amendment rights.”
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