DENVER — A federal judge heard arguments and testimony beginning on Tuesday over whether Colorado's new universal preschool program unconstitutionally forces a pair of Catholic preschools to violate their religious beliefs about sexual orientation and gender identity in order to participate as providers.
In August, the Archdiocese of Denver and other plaintiffs brought suit against the state, arguing the preschools under the archdiocese's control wished to participate in the publicly funded pre-K program but could not do so as long as they are prohibited from discriminating on the basis of LGBTQ status.
The plaintiffs are seeking a declaration that the non-discrimination requirements violate their First Amendment rights, and a court order prohibiting Colorado from denying Catholic preschools the opportunity to participate — notwithstanding the church's disapproval of same-sex relationships or gender identity that does not adhere to a person's sex assigned at birth.
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