Here’s what’s actually happening in Colorado, and it matters more than you think. The state decided to create a universal preschool program funded by taxpayers. Sounds nice, right? Every kid gets access to early education. But there’s a catch, and it’s the kind of catch that should make anyone who values freedom deeply uncomfortable.
Colorado attached strings to this public benefit. If you want to participate, you have to comply with their anti-discrimination requirements. That includes admitting children regardless of their parents’ sexual orientation or gender identity. Now, Catholic preschools across the state are saying hold on a second. We can’t do that. It violates everything we believe about marriage and family. And the state is saying too bad. No money for you.
The Supreme Court heard arguments Tuesday, and the conservative majority seemed to grasp what’s really at stake here. This isn’t just about preschool enrollment or even LGBTQ rights. It’s about whether the government can use public funds as a weapon to force religious institutions into ideological submission.
Justice Kavanaugh got it exactly right when he pushed back on Colorado’s attorney. Why create this unnecessary clash? There are roughly 2,000 preschools in Colorado. Parents who disagree with Catholic teaching have plenty of options. Nobody’s being denied education. But what Colorado wants is conformity. They want every institution, including religious ones, to bow to state orthodoxy on matters of sexuality and gender. That’s not tolerance. That’s compulsion.
Justice Sotomayor tried the empathy angle during arguments, suggesting that gay couples probably wouldn’t choose Catholic schools anyway. So what’s the harm in letting the state exclude them from funding? But that’s missing the entire point. The harm is that government is punishing religious exercise. The harm is that sincerely held beliefs become disqualifying factors for participation in generally available public programs.
We’ve seen this playbook before, and it always comes from Colorado. Remember the baker who wouldn’t make a custom cake for a same-sex wedding? Same state. Same dynamic. The left wants to treat religious conviction as bigotry that must be stamped out, even if it means trampling the First Amendment.
The Catholic parishes involved here aren’t asking for special treatment. They’re asking to be treated equally. They want access to the same public benefit that secular preschools receive without being forced to violate their religious identity. That’s not radical. That’s constitutional.
Think about what Colorado is actually demanding. They’re saying you can have your faith or you can have equal treatment under the law, but you can’t have both. Choose. That’s extortion dressed up as civil rights protection. And it reveals something ugly about modern progressivism. There’s no room for pluralism anymore. No space for genuine disagreement. Either you celebrate what we celebrate and condemn what we condemn, or you’re excluded from public life.
The Trump administration has sided with the religious plaintiffs, which shouldn’t surprise anyone. This is exactly the kind of religious liberty case that conservatives have been fighting for years. Because here’s the truth that makes some people uncomfortable. Religious freedom doesn’t mean much if it only protects beliefs that are popular or uncontroversial. The whole point is protecting unpopular beliefs from government coercion.
Colorado argues their requirements are neutral and generally applicable. But neutral doesn’t mean constitutional when it specifically targets religious exercise. The Supreme Court has said this repeatedly. You can’t hide behind neutral language when the practical effect is to punish religious institutions for being religious.
What’s really happening here is a test. Can states use the power of the purse to reshape religious institutions? Can they condition public benefits on ideological compliance? If Colorado wins, every religious school, hospital, and charity in America becomes vulnerable. Accept our values or lose access to public programs. That’s not the country the founders envisioned.
The oral arguments suggest the Court understands what’s at stake. There’s a win-win solution here, just like Kavanaugh said. Let Catholic schools maintain their religious identity. Let parents who disagree choose different schools. Everybody wins except the people who want government-enforced conformity. And honestly, those people shouldn’t win.
This case will define religious liberty for the next generation. Either faith communities can participate fully in public life while maintaining their distinctive beliefs, or they can’t. Either the First Amendment means something real, or it’s just decorative language that applies only when convenient. The Supreme Court needs to get this one right.
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