A federal judge has ruled that Darren Patterson Christian Academy (DPCA), a private religious school in Colorado, cannot be excluded from the state’s Universal Preschool Program despite its hiring policy of only employing Christians. U.S. District Judge Daniel Domenico, appointed by former President Donald Trump, issued the decision on Monday.
The school had been denied an exemption from the program’s antidiscrimination provisions because of its employment and admission policies, which require staff and students to adhere to traditional Christian beliefs on sexual ethics and gender identity. The court found denying the academy access to the preschool program violated its constitutional rights.
Judge: State Lacks “Compelling Interest” to Deny Exemption
Judge Domenico ruled that Colorado officials failed to justify their refusal to exempt DPCA based on its religious beliefs. He noted that the state has granted exemptions in other cases, undermining its argument against the Christian academy.
“The fact that the state recognizes conditions could exist in which it would exempt a preschool from the quality standards, but does not consider Plaintiff’s religious convictions sufficiently compelling to do so here, triggers strict scrutiny,” Domenico stated.
The ruling affirms the school’s right to maintain its faith-based hiring practices while still receiving public funding.
Religious Liberty Advocates Applaud the Decision
The conservative legal organization Alliance Defending Freedom (ADF), which represented DPCA, hailed the ruling as a victory for religious liberty. ADF Senior Counsel Jeremiah Galus emphasized that the government cannot force religious schools to abandon their beliefs to access public funding.
“The U.S. Supreme Court has reaffirmed this constitutional principle multiple times, and the district court has now fully followed up on its previous decision to safeguard this right for religious schools in Colorado,” Galus said.
Critics Raise Concerns Over Discrimination
Opponents argue that allowing religious exemptions in public programs could enable discrimination. They warn that permitting schools to exclude staff based on faith could set a precedent undermining broader civil rights protections. Supporters of Colorado’s antidiscrimination policies believe that taxpayer-funded programs should not subsidize institutions that restrict employment based on religion or gender identity.
Legal Battle Reflects Broader National Debate
DPCA originally filed its lawsuit in June 2023, joining other Christian schools in challenging Colorado’s refusal to grant religious exemptions under its preschool funding program. In October 2023, Domenico had already issued a preliminary injunction in favor of DPCA, suggesting the state’s non-discrimination policy likely violated the school’s religious rights.
The case highlights a growing national debate over religious freedom and anti-discrimination laws in publicly funded programs. With legal challenges on the rise, similar disputes could shape future First Amendment and civil rights interpretations in education policy.
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Court Rules Christian Academy Can’t Be Excluded from Government Preschool Program
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