The state is appealing a ruling that allows a Christian preschool to participate in Colorado’s universal preschool program without following the state’s anti-discrimination laws.
In February, a federal judge ruled that a Chaffee County preschool should continue to receive state funding – and be allowed to maintain its hiring practices in line with its religious beliefs.
That ruling allowed the Darren Patterson Christian Academy, which runs Busy Bees Preschool in Buena Vista, to continue to participate in Colorado’s Universal Preschool Program, which guarantees every 4-year-old in the state at least 15 hours per week of free preschool.
The school is one of only a few Christian schools in Chaffee County, in west central Colorado.
The ruling is the second in Colorado on the issue of religious preschools participating in the state’s universal preschool program and whether they are allowed to exclude either LGBTQ+ families or staff when the schools are taxpayer-funded.
When the academy joined the state’s UPK program, it signed Colorado’s non-discrimination agreement. But it had argued it didn’t want to be forced to hire LGBTQ+ employees or other individuals who don’t share its Christian faith. It further argued that it shouldn’t have to change school policies based on the school’s religious beliefs about sexuality and gender — including those that relate to restroom usage, pronouns, dress codes and student housing during field trips.
The state argued that for the school to receive funding, it had to comply with the state’s anti-discrimination laws.
The school, represented by the Alliance Defending Freedom, sued the Department of Early Childhood in 2023, which runs the UPK program, for not issuing it a religious exemption. It alleged the demand to change its religious practices infringed on its protected First Amendment rights.
In his 15-page ruling, U.S. District Judge Daniel Domenico, who was appointed by President Donald Trump in his first term, said the preschool should continue to receive funding and be allowed to maintain its hiring practices in line with its religious beliefs.
Now, Lisa Roy, the executive director of the Colorado Department of Early Childhood, and Dawn Odean, director of Colorado’s Universal Preschool Program, are seeking to overturn that ruling. The notice of appeal was filed with the U.S. Court of Appeals for the Tenth Circuit on Wednesday, May 7.
The UPK program currently enrolls about 42,000 4-year-olds. Fewer than 1,000 children attend 40 faith-based programs.
- Appeals court hears arguments from Catholic preschools, state in Colorado universal preschool case
- Judge says Christian preschool should get state funding despite conflicts with anti-discrimination laws
- Federal judge rules Colorado’s Catholic preschools can consider religion for enrollment in state program, but can’t exclude LBGTQ families
