Forcing Catholic schools, parents to sign LGBT policy for pre-K not unconstitutional: court

October 6, 2025

A three-judge panel on the U.S. Court of Appeals for the Tenth Circuit has ruled that requiring participants in Colorado’s universal pre-K program to comply with an LGBT nondiscrimination statement doesn’t violate the U.S. Constitution.

The Christian Post reports that the appeals court panel unanimously rejected the request of the Roman Catholic Archdiocese of Denver, two Catholic schools and parents of preschool aged children for a ruling declaring that the nondiscrimination statement violated their First Amendment rights.

In the opinion released Tuesday, the court concluded that, “The nondiscrimination requirement exists in harmony with the First Amendment and does not violate the Parish Preschools’ First Amendment rights.”

The plaintiffs had argued that abiding by the LGBT nondiscrimination agreement would force them to set aside their deeply held religious beliefs regarding gender and sexuality by requiring them to enroll trans-identified students and children of same-sex couples.

According to the Christian Post, the archdiocese had warned that such enrollments were “likely to lead to intractable conflicts” in light of Catholic schools’ efforts to instill in children Catholic Church teachings about gender and sexuality.

The Becket Fund for Religious Liberty, which has represented the plaintiffs throughout their litigation, is likely to appeal the decision to the U.S. Supreme Court.

In a statement on last week’s decision, the Becket Fund for Religious Liberty said, “Becket remains committed to ensuring that every preschooler in Colorado has access to quality, affordable education.”

In recent years, the Supreme Court has issued a number of rulings with favorable outcomes for advocates of religious liberty. 

Photo: top, Credit: Getty Images/Jonathan Kirn