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Tobacco, nicotine taxes fund Colorado preschool program at high court
Catholic preschools say the rule violates religious exercise rights as justices weigh a condition covering more than 1,000 participating providers.
On Tuesday, the Supreme Court heard arguments in Mary Catholic Parish v. Roy, challenging a Colorado condition requiring Universal Preschool providers to accept all eligible families regardless of religious affiliation.
Funded by Proposition taxes on tobacco and nicotine, the Colorado Department rule mandates that Providers offer equal enrollment opportunities without turning families away based on religious affiliation, sexual orientation, or disability.
Steven Barnett, director of Rutgers' National Institute for Early Education Research, told The Center Square, "We have not seen this in any other state," regarding the specific enrollment mandate.
Lawyers for the Catholic preschools argue the condition violates First Amendment protections of religious exercise, while Colorado officials contend the rule cannot be overridden by individual provider enrollment limits.
While Colorado ranked 37th in spending per child enrolled in 2024-25, more than 1,000 participating preschools already limit enrollment in other ways, according to court statements.