Christian preschool wins first battle in religious discrimination lawsuit

A Christian school won the first battle in a lawsuit against Colorado’s universal preschool program, accused in the suit of anti-religious bias.

In June, the Darren Patterson Christian Academy (DCPA) announced it’s lawsuit against the state’s new Universal Preschool Program that provides state funds to help eligible students attend preschool.

“The government cannot force religious schools to abandon their beliefs and exercise to participate in a public benefit program that everyone else can access,” said Jeremiah Galus, the senior counsel for Alliance Defending Freedom, which is representing the plaintiffs.

“Yet Colorado officials tried to force [DCPA] to abandon its religious beliefs – the reason why parents choose to send their kids to the school – to receive critical state funding. That is a violation of the school’s First Amendment rights.”

DCPA was initially approved to participate in the program but later was told it had to give up its faith-based practices, such as hiring only Christian staff and holding orthodox policies regarding restroom usage, pronouns, and student housing during field trips.

The Colorado education establishment tried to dismiss the lawsuit, claiming the DCPA lacked standing and that the case was not ripe.

However, a judge denied the motion to dismiss on Saturday and gave DCPA permission to participate in the program while the lawsuit unfolds.  

“Exclusion of a preschool is inherently anti-universal and denying participation based on one’s protected beliefs or speech is not equitable,” read the court opinion. “The Supreme Court has thrice held that a state may not exclude religious observers from receiving otherwise available educational funding because of a school’s religious status or practice.”  

Several Catholic parishes are also suing the program, citing their “sincere religious belief” and desire for all employees to “uphold the Catholic Church’s beliefs regarding marriage and the family.”  

However, Democrat Gov. Jared Polis accused the religious schools of being homophobic.  

“It’s unfortunate to see different groups of adults attempt to co-opt preschool for themselves, perhaps because they want to not allow gay parents to send their kids to preschools,” the governor’s spokesperson told local media. “The voters were clear on their support for parent choice and a universal, mixed delivery system that is independently run, that doesn’t discriminate against anyone and offers free preschool to every child no matter who their parents are.”  

Polis is the first openly gay man to be elected governor in the U.S.