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Breakpoint

Colorado Can't Seem to Stay Out of Constitutional Trouble

Breakpoint

Colson Center

Christianity, News Commentary, News, Religion & Spirituality

4.83.1K Ratings

🗓️ 6 May 2026

⏱️ 5 minutes

🧾️ Download transcript

Summary

Another First Amendment case is on the docket from the increasingly progressive Rocky Mountain state.  

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Transcript

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0:00.0

Welcome to Breakpoint, a daily look at an ever-changing culture through the lens of unchanging truth.

0:05.3

For the Colson Center, I'm John Stone Street.

0:09.0

Well, recently, the U.S. Supreme Court agreed to hear yet another First Amendment case arising out of Colorado.

0:15.7

St. Mary Catholic Parish v. Roy involves a law that excludes Catholic and other religious institutions from participating

0:23.5

in the state's so-called universal preschool program, or UPK.

0:28.6

UPK pays for parents to send their children to a Colorado preschool of their choice, either public

0:34.3

or private. The goal is to expand educational choice, allowing parents to choose from a broad range of providers based on their unique needs and values.

0:44.5

Religious schools can participate in UPK, but only if they agree to what Colorado calls a non-discrimination requirement, which tells schools they must provide families an equal opportunity

0:55.6

to enroll, regardless of race, religious affiliation, sexual orientation, gender identity,

1:01.6

income level, or disability.

1:03.8

Though this may sound like an everybody-welcome kind of policy, it's not.

1:07.8

In practice, the state grants numerous exceptions, allowing preschools to prefer

1:12.8

children of color or the LGBTQ community or low-income families or children with disabilities

1:19.9

to cite just a few examples. But there's one exception that Colorado clearly will not grant

1:25.4

any religious one. So a Catholic preschool that wants to prefer

1:29.2

Catholic families cannot participate in UPK, and the same is true of evangelical Christian, Orthodox,

1:35.3

Jewish, or other providers who are religiously selective about which families they enroll. And equally

1:41.5

troubling, participating preschools cannot ask families to support the school's

1:46.6

religious views on sex, gender, or marriage. That, Colorado says, is sexual orientation and gender

1:54.2

identity discrimination? Now, Colorado portrays its rule as general and neutral, but in reality,

2:00.6

it specifically fencesences out providers

2:03.1

of traditional religious faith, unless these schools surrender what their faith teaches about

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