A federal court says religious schools in Colorado must comply with the state’s nondiscrimination law — even if they feel the law violates their religious beliefs — if they want to participate in the state’s universal preschool program and receive state funding.

The case stems from a lawsuit brought by the Archdiocese of Denver and two of its parishes that operate preschools that wanted to participate in Colorado’s universal preschool program, which provides funding for 15 hours per week of preschool. To participate in the program, the state requires that schools comply with its nondiscrimination law.

The lawsuit, filed by the Becket Fund, argued that the requirement violates the First Amendment by forcing its preschools to violate their religious beliefs.

On Tuesday, a three-judge panel on the United States Court of Appeals for the Tenth Circuit unanimously upheld a lower court’s ruling against the Catholic schools’ request for an injunction, finding that the UPK requirement to comply with the nondiscrimination law does not violate their First Amendment rights. 

The judge who wrote the opinion, Richard E.N. Frederico, said that the program is a “model example of maintaining neutral and generally applicable nondiscrimination laws while nonetheless trying to accommodate the exercise of religious beliefs.”

Judge Frederico noted that Colorado does not require schools to participate in the UPK program. However, if a school wants to participate in the program, it has to abide by the requirement, which the jurist said applies to any school and does not single out religious institutions.

The Catholic schools argued that being required to enroll children of LGBTQ families or those with different beliefs violates their First Amendment rights. 

However, Judge Frederico rejected that argument, writing, “This case does not involve the presence of persons who might affect the Parish Preschools’ ability to advocate for their viewpoint.”

“This is a case about preschoolers. No one would reasonably mistake the views of preschool students for those of their school. … Teachers and staff are the ones responsible for disseminating a preschool’s message and developing the curriculum, not the preschool children they teach,” he said. 

Judge Frederico wrote that Colorado “went to great effort to be welcoming and inclusive of faith-based preschools’ participation.”

“The nondiscrimination requirement exists in harmony with the First Amendment and does not violate the Parish Preschools’ First Amendment rights,” he said. “This ruling does not mean that we shirk our constitutional duty to protect the Parish Preschools’ freedom of worship. It simply means that when a school takes money from the state that is meant to ensure universal education, then its doors must be open to all.”

Colorado’s governor, Jared Polis, celebrated the ruling, saying, “We are building a Colorado for all, where every student is free from discrimination and this voter-approved initiative continues to enroll approximately 70% of all eligible four-year-olds each school year and many faith-based and secular providers are operating terrific preschools that serve parents and children well.”

A senior counsel for the Becket Fund, Nick Reaves, said in a statement that the state is “punishing religious schools and the families they serve for following their faith.”

“The Tenth Circuit’s decision allows the state’s anti-religious gamesmanship to continue,” Mr. Reaves said. 

The decision comes as another case related to the UPK program is playing out involving an evangelical preschool, the Darren Patterson Christian Academy. In that case, the school sued over concerns that its policies on bathroom usage and pronouns would violate the antidiscrimination law. A federal judge ruled in favor of the school in that case in February. However, the state appealed the decision, and the case is ongoing.