The United States solicitor general urged the Supreme Court to stop Colorado from excluding Catholic schools from the state’s universal preschool (UPK) program in a brief on Friday.
The 25-page amicus brief, submitted by Solicitor General John Sauer, Principal Deputy Solicitor General Sarah Harris, and Assistant to the Solicitor General Emily Hall, asked the Supreme Court to consider the religious discrimination case.
The friend-of-the-court brief is the latest development in the yearslong legal troubles that religious preschools wanting to be involved in the UPK have faced. The UPK program pledges to provide tuition assistance to families for qualifying preschools, but several religious preschools have been excluded from the program due to its requirements related to its equal opportunity mandate.
Most recently, the U.S Court of Appeals for the 10th Circuit upheld the UPK program in spite of alleged religious discrimination against faith-based preschools. In response, the parish-run preschools and the Catholic Archdiocese of Denver are appealing to the Supreme Court.
The solicitor general’s brief highlighted the “severity of the court of appeals’ error.” The solicitor general noted that the UPK gives some exemptions from its equal access requirements to secular schools while withholding exemptions from religious schools.
“Colorado’s exemptions allow differential treatment for some groups, e.g., low-income families or disabled children, but not others. Having departed from universal even-handedness, Colorado cannot claim that allowing Catholic preschools to apply a preference based on Catholic teachings on sexual orientation and gender identity would uniquely undermine its law,” the brief read.
“Granting review in this case would allow this court to provide useful guidance on a subject that lower courts frequently confront,” the brief stated.
Becket, the religious liberty legal group arguing the case, welcomed the brief.
“The solicitor general’s filing in this case signals to the court just how egregious, illegal, and dangerous Colorado’s discrimination is,” Nick Reaves, senior counsel at Becket and lead attorney for the preschools and families, said in a statement.
“The state is labeling a program ‘universal’ and then banning religious families and schools from it because of their faith,” Reaves continued. “If that kind of exclusion is allowed to stand, no religious group is safe from being pushed out of public life.”
Twenty other parties have filed friend-of-the-court briefs on behalf of the preschools since December 2025, including Thomas More Society, the United States Conference of Catholic Bishops, the Notre Dame Education Law Project, and West Virginia and 21 other states.
“Our preschools exist to help parents who want an education rooted in the Catholic faith for their children,” said Scott Elmer, chief mission officer for the Archdiocese of Denver, in a November 2025 statement. “All we ask is for the ability to offer families who choose a Catholic education the same access to free preschool services that’s available at thousands of other preschools across Colorado.”
“We’re grateful the solicitor general recognized what’s at stake here and added his voice to a growing chorus urging the Supreme Court to hear this case,” Reaves concluded.
