Ryan Colby, a spokesman for Becket, told CNA on Wednesday that “the court ruled that Catholic preschools in the Archdiocese of Denver can consider religious affiliation in their student admission and operations decisions.”
“However, the judge upheld the part of the UPK requirements that say the preschools can’t abide by and uphold their beliefs about sexual orientation and gender identity,” he said.
Nick Reaves, counsel for the case with Becket, explained that they are appealing the decision because the schools still cannot participate in the program while following their religious convictions.
“While the district court correctly recognized that the state has no right to prevent Catholic schools from considering religious affiliation in their enrollment decisions, the court still did not permit them to participate in the UPK program while operating consistently with their Catholic mission,” Reaves said in the statement.
In archdiocesan guidance, for instance, schools are directed “not to enroll” students if there is, in part, “a conflict between what the school teaches and what same-sex parents are teaching their child regarding human sexuality.”
In its June ruling, in contrast, the federal court ordered that equal-opportunity law “demands that participating preschools ‘provide eligible children an equal opportunity to enroll and receive preschool services regardless of … religious affiliation, sexual orientation, [or] gender identity …, as such characteristics and circumstances apply to the child or the child’s family.”