My son graduated from West Point and is now an Army aviator. When he was commissioned, he swore an oath to the Constitution, not to a party or a governor. I’ve been thinking about that oath this week. On Tuesday, the Supreme Court heard St. Mary Catholic Parish v. Roy, which asks whether Colorado can make Catholic preschools drop a core teaching to share in state money. Colorado says it welcomes everyone. The parishes say that welcome has a price. After 30 years in financial services, I read the price first, and I think the parishes have the better reading of the First Amendment.
The text is short. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The Court has applied that command to the states for decades, most recently in Carson v. Makin, where it wrote, “A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.” Now read the contract. A funding condition isn’t charity. It isn’t regulation of private conduct. It’s a bargain: the state offers money, and the recipient accepts terms. Colorado’s universal preschool, approved by voters in 2020, pays for 15 hours a week, worth more than $6,000 a year. To join, a provider signs an agreement promising an equal opportunity to enroll regardless of listed characteristics, including sexual orientation and gender identity. The program has roughly 2,000 providers. The Archdiocese of Denver runs 34 Catholic preschools. None participate. Daniel and Lisa Sheley are Catholic parents whose children attend school at St. Mary in Littleton. They estimate they’ve lost about $24,000 in reimbursements from the program. “It was billed as universal, and instead we’re the ones that are being discriminated [against],” Lisa Sheley said. Two parishes, St. Mary and St. Bernadette in Lakewood, and the Archdiocese joined them. Catholic parents and Catholic institutions brought this suit.
Read Full Article: https://amgreatness.com/2026/11/10/colorados-free-pre-k-comes-with-a-catch/
