Colorado Families and the Archdiocese of Denver Fight for Equal Access to State-Funded Preschool
Denver, Colorado — Dan and Lisa Sheley are like most parents in Colorado: they want the best start for their young children and they want that start grounded in the Catholic faith they cherish. When Colorado launched its ambitious “universal” preschool program in 2022, promising every family 15 hours a week of free, high-quality preschool at the public or private school of their choice, the Sheleys saw it as an answer to prayer.
There was only one problem. Colorado excluded every Catholic preschool from the program—solely because of their religious identity.
Now the U.S. Supreme Court is stepping in. On November 13, 2025, the Sheley family, the Archdiocese of Denver, St. Mary Catholic Parish, and two Catholic preschools asked the nation’s highest court to end what they call blatant religious discrimination. This month, the Supreme Court agreed to hear the case, St. Mary Catholic Parish v. Roy.
The Becket Fund for Religious Liberty, a non-profit law firm dedicated to protecting religious liberty for all faiths, is serving as counsel. The lawsuit was originally filed on August 16, 2023, in the U.S. District Court for the District of Colorado.
“All we want is the freedom to choose the best preschool for our kids without being punished for our faith,” the Sheley’s stated. “Colorado promised families a universal preschool program, then cut out families like ours because we chose a Catholic education. We pray the Supreme Court will remind Colorado that universal means everyone.”
Under the program, families can choose any participating provider. Public schools, secular private schools, and even some religious schools that meet Colorado’s criteria are eligible for funding. Catholic preschools, however, were categorically barred. State officials cited the preschools’ religious character and the fact that they integrate faith into their daily curriculum as the reason for exclusion.
Erika Navarrete Nagle, Catholic mother of three whose children attend St. Mary’s said, “Colorado is punishing young religious families. In a state that loudly preaches inclusion, it’s shocking to see Colorado go out of its way to exclude families like mine. I hope the Supreme Court will make it clear that no family should be targeted for what they believe.”
The Sheleys and the Archdiocese say the policy forces Catholic families into an impossible choice: accept a free preschool education that conflicts with their deepest beliefs, or pay out of pocket while their neighbors receive state support.
The case sits squarely at the intersection of two of the Supreme Court’s recent landmark rulings on education and religion. In Espinoza v. Montana Department of Revenue (2020) and Carson v. Makin (2022), the Court made clear that states cannot exclude religious schools from generally available public-benefit programs simply because they are religious. Petitioners argue Colorado’s preschool program is the latest version of the same unconstitutional discrimination.
Practice areas at stake include both Education Law and the rights of Religious Communities. Legal observers say the outcome could affect not only Colorado’s preschool program but similar initiatives in other states that have begun offering universal pre-K while attempting to sideline faith-based providers.
A ruling in favor of the petitioners would mean Colorado must treat Catholic preschools the same as any other private provider, allowing families like the Sheleys to use the state benefit at the school that best reflects their values. A ruling the other way would green-light states to create “universal” programs that are universal in name only.
Stay tuned to ThriveNews.co for continuing coverage of St. Mary Catholic Parish v. Roy and other cases protecting parental rights and religious liberty.
