Attorney General Clark Urges Supreme Court to Uphold Colorado Civil Rights Protections for Universal Preschool

Attorney General Clark today joined a coalition of 19 attorneys general in filing an amicus brief in the U.S. Supreme Court defending Colorado's requirement that preschool providers participating in the state's Universal Preschool program comply with state antidiscrimination laws, including protections for LGBTQ+ families.

In 2023, Colorado launched its Universal Preschool program, which provides public funding to both private and public preschool providers that choose to participate. As a condition of receiving that funding, participating providers must agree to provide eligible families an equal opportunity to enroll their children, regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, housing, income level, or disability.

In St. Mary's Catholic Parish vs. Roy, two Catholic preschools and the Archdiocese of Denver sued to block Colorado from enforcing its equal enrollment requirement, arguing that the requirement unfairly targets religious institutions and conflicts with their religious teachings. The U.S. Court of Appeals for the Tenth Circuit rejected those claims, holding that Colorado's enrollment requirement applies to all schools equally. The Catholic preschools appealed to the U.S. Supreme Court, which agreed to hear oral arguments on the case on November 3, 2026.

In the amicus brief, the coalition argues that states have a strong interest in ensuring that organizations receiving public funding to provide public services comply with the same civil rights protections that apply to state-run programs. States frequently rely on private organizations to deliver publicly funded services, including education, childcare assistance, disaster relief, homeless services, job training, and more. This "mixed delivery" model allows states to draw on the expertise and reach of private and nonprofit organizations while giving residents greater choice in how they access public services. Despite the involvement of private organizations, the services that states deliver through the mixed delivery model are still public services and are subject to the same antidiscrimination standards as their own in-house programs.

States have a compelling interest in protecting their residents from discrimination, including-indeed, especially-where public funds are involved. Many states, including Vermont, have enacted civil rights laws that require equal treatment in employment, housing, public services, education, and other areas. The nondiscrimination requirement in Colorado's Universal Preschool program stems from exactly this kind of law. Time and again, courts have upheld these critical civil rights protections, and the coalition argues that states should not be required to shed their commitment to equal treatment when funding public services, particularly in programs like Colorado's Universal Preschool program, where schools knowingly choose to participate.

The coalition argues that allowing institutions to receive public funding without being required to comply with state antidiscrimination laws would undermine the "mixed delivery" model and force states to navigate a burdensome provider-by-provider patchwork of rules and exceptions. In some cases, states could be pushed to bring services entirely in-house, reducing choice and flexibility for residents.

The case also has implications beyond preschool. States routinely partner with private and religious organizations to deliver publicly funded services. A ruling that permits participating providers to disregard state civil rights laws could limit states' ability to establish consistent standards for public programs across a wide range of services.

The coalition asks the Court to uphold the Tenth Circuit's ruling allowing Colorado to require preschools to comply with its equal enrollment requirement.

Joining Attorney General Clark in filing this amicus brief, which was co-led by Massachusetts Attorney General Andrea Joy Campbell and Minnesota Attorney General Keith Ellison, are the attorneys general of California, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Virginia, and Washington.