A Christian school in Buena Vista, Colorado, Darren Patterson Christian Academy (DPCA), has initiated legal action against state officials. The lawsuit alleges that the state's new universal preschool program, while seemingly inclusive, forces DPCA to compromise its religious principles to participate. The program, slated to begin July 1st, offers state-funded preschool for four-year-olds, but DPCA argues that the participation requirements infringe on their religious freedom.
Representing DPCA is Alliance Defending Freedom (ADF), a legal organization dedicated to protecting First Amendment rights. Senior counsel Jeremiah Galus contends that Colorado's stipulations send a detrimental message to families, implying they must choose between their faith and equal access to educational opportunities. He emphasizes that this not only marginalizes religious families but also violates the Constitution.

The core issue lies in two clauses within the program's provisions. These clauses prohibit discrimination based on various factors, including religion. While seemingly inclusive, ADF argues that these clauses prevent DPCA from aligning hiring practices with their religious beliefs, a cornerstone of their educational mission.

Galus points out that the state encourages universal participation in the preschool program, yet these clauses create a barrier for faith-based institutions like DPCA. He argues that requiring a religious school to abandon its core tenets for inclusion in a public program is tantamount to telling them they cannot be religious.

Despite requests for a religious exemption from DPCA and similar institutions, the Colorado Department of Early Education denied the appeal. This denial prompted DPCA's lawsuit, which claims the state is compelling them to relinquish their religious identity to participate in the program.

Galus highlights recent Supreme Court rulings, specifically Carson vs. Makin (2022), which affirmed that government programs cannot exclude students attending religious schools if they meet other eligibility criteria. He argues that Colorado's actions contradict these established legal precedents. Galus underscores the gravity of the situation, suggesting that allowing the state to dictate a religious school's hiring and educational practices sets a dangerous precedent for all Americans.