The Supreme Court is taking up a case that could shut LGBTQ+ families out of preschool
By Christopher Wiggins
Published on April 20, 2026.
The US Supreme Court is set to hear a case that could determine if children of LGBTQ+ parents can be turned away from publicly funded preschool programs run by religious schools. The case involves a challenge to Colorado's universal preschool program and its requirement that participating providers not discriminate against children based on characteristics such as sexual orientation and gender identity. Two courts have already ruled against the church, with the U.S. Court of Appeals for the Tenth Circuit stating that Colorado's nondiscrimination rule applies equally to religious and secular providers. The Trump administration has supported the challengers, arguing that allowing Colorado's policy to stand could stymie religious exercise in major areas of the country. The outcome of the case could determine whether publicly funded programs remain open to LGBTQ+ children on equal terms or whether religious providers can turn them away.
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