179 Members of Congress Urge Supreme Court to Protect Preschoolers from Discrimination

CEC Chair Rep. Mark Takano: "Public dollars are for the good of the public, and this publicly-funded program's nondiscrimination policy reflects that.

Washington, DC - Today, Congressional Equality Caucus Chair Rep. Mark Takano (CA-39), Senator Tammy Baldwin (WI), and Senator Jeff Merkley (OR) led 179 Members of Congress in filing an amicus brief at the Supreme Court in the case of St. Mary Catholic Parish v. Roy, where religious preschools are seeking an exemption from the nondiscrimination provision in Colorado's universal preschool program so they can refuse to admit LGBTQ+ children or the children of LGBTQ+ people while still receiving public funding.

The members' brief urges the Supreme Court to uphold the nondiscrimination provision and not grant a religious exemption. The brief argues that 1) The Supreme Court defers to legislatures and the political process when assessing exemptions from neutral, generally-applicable laws; 2) Petitioners' rule would endanger a myriad of federal nondiscrimination laws that Congress has carefully crafted over decades; and 3) The Court should be mindful not to destabilize or undermine that legislative role by effectively legislating ad hoc exemptions to nondiscrimination laws.

The brief was joined by 166 Representatives and 13 Senators, including House Democratic Leader Hakeem Jeffries (NY-08), House Democratic Whip Katherine Clark (MA-05), House Democratic Caucus Chair Pete Aguilar (CA-33), Speaker Emerita Nancy Pelosi (CA-11), Senate Democratic Whip Richard Durbin (IL), and every Co-Chair of the Congressional Equality Caucus.

"In 2020, Coloradans voted to ensure every child in the state would be able to benefit from a publicly-funded universal pre-school program, but the schools in this case want to take these funds and turn away LGBTQ+ kids and kids of LGBTQ+ parents-despite the program's nondiscrimination policy. This is wrong," said Rep. Mark Takano (CA-39), Chair of the Congressional Equality Caucus and House lead of the amicus brief. "Public dollars are for the good of the public, and this publicly-funded program's nondiscrimination policy reflects that. A court ruling creating a new religious exemption would fly in the face of established precedent and would endanger a myriad of other carefully-crafted laws that have been designed to protect Americans from discrimination. I'm thankful to Senators Baldwin and Merkley for helping me lead this bicameral coalition in urging the Court to uphold Colorado's nondiscrimination protections and ensure that no young child is being denied entry to a Colorado preschool receiving public funds."

"Discriminating against anyone - let alone preschoolers is simply wrong and betrays some of our most fundamental and enduring beliefs as Americans," said Senator Tammy Baldwin (WI), co-founder of the Congressional Equality Caucus and Senate co-lead of the amicus brief. "If you want to get taxpayer dollars to educate our kids, you cannot discriminate against them or their parents for who they are or who they love. Our country has taken great strides in the march for true equality, and the Supreme Court should stop such blatant discrimination that would take us an unmistakable step backwards."

"Discrimination against preschoolers and parents who are part of the LGBTQ+ community has no place in America," said Senator Jeff Merkley (OR), Senate co-lead of the amicus brief. "To fully realize the promise of the United States as a land of freedom and equality for all, the Court must send a clear message that our LGBTQ+ friends, family members, and neighbors deserve full and equal treatment under the law. Back in 2007, I led the fight to secure this future for Oregonians, and I'll keep pushing in Congress to do the same for all LGBTQ+ Americans by passing our Equality Act."

"Colorado's non-discrimination protections are critical for families with LGBTQ+ parents or children in accessing the same educational opportunities that any other family enjoys. To let certain schools accept public funding while excluding students solely because of their sexual orientation or gender identity, or those of their parents, contradicts the very purpose of nondiscrimination laws, and is even more inappropriate when we are talking about programs funded by taxpayer dollars," said Sharon McGowan, Senior Vice President of Policy and Litigation at the Human Rights Campaign. "We thank the Members of Congress for forcefully defending the important role that nondiscrimination laws play in ensuring equal opportunity in education and other spheres of life."

The amicus is available to read here.

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