A Christian preschool has lodged a federal lawsuit against Colorado state officials, claiming it is being compelled to relinquish its religious character and beliefs in order to participate in a universal preschool program.
On Tuesday, attorneys from Alliance Defending Freedom (ADF) filed the lawsuit in the U.S. District Court for the District of Colorado on behalf of Darren Patterson Christian Academy, a Christian preschool.
The preschool program guarantees a minimum of 15 hours per week of state-funded preschool services for every 4-year-old in Colorado for the upcoming school year.
“Busy Bees” is the state-licensed Christian preschool operated by Darren Patterson Christian Academy in Buena Vista. It stands as one of the few Christian preschools in Chaffee County. The Colorado Department of Early Childhood (CDEC) approved the preschool’s participation in the program, which commences on July 1.
However, the lawsuit argues that the CDEC insists that religious preschools must abandon their beliefs to participate in the universal preschool program.
“Even though the school welcomes all families and children, these provisions would force it to hire employees who do not share its faith and to alter internal rules and policies that are 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 school expeditions and field trips,” the lawsuit states.
It argues that the CDEC enforces these requirements through two provisions that prohibit discrimination based on religion, sexual orientation, or gender identity.
Religious Discrimination
Attorneys for Darren Patterson Christian Academy argued the preschool is now confronted with the choice of either adhering to its religious beliefs and practices and forfeiting participation in an otherwise generally accessible public program or relinquishing its beliefs and practices to participate on an equal footing with other preschools in the state.Jeremiah Galus, ADF senior counsel, asserts that the government’s actions violate the school’s First Amendment rights.
“The Constitution is clear: The government may not deny participation in a public program simply due to a school’s internal religious exercise,” Galus said in a statement.
The state had encouraged all licensed Colorado preschools to register for the universal preschool program.
The school argues that many families have already enrolled their children for the upcoming school year precisely because they share the preschool’s beliefs and values. However, the school believes that it will lose some students and significant tuition reimbursement from the state “unless it capitulates and agrees to violate its religious beliefs.”
“By denying the school participation in UPK because of its religious character, beliefs, and exercise, the Department penalizes the school and its students and families based on their religion—discrimination that is ‘odious to our constitution,’” the lawsuit states.
“The Constitution is clear: religious schools can hire those who share their faith, and the government may not deny participation in a public program simply due to a school’s internal religious exercise.”
According to ADF legal counsel Jake Reed, Colorado officials are unconstitutionally compelling the academy to choose between adhering to its religious beliefs and forfeiting participation in a public program or surrendering its beliefs to participate equally with other preschools.
“We urge the court to affirm that the First Amendment fully protects the school’s right to operate according to its faith and still join the state’s preschool program,” Reed said.
The Epoch Times contacted the Colorado Department of Education for comment.
