Children’s Rights Amicus Brief Argues for the Rights and Dignity of Colorado Preschoolers in SCOTUS Case

Children’s Rights has filed an amicus (“friend of the court”) brief in St. Mary Catholic Parish in Littleton v. Roy, a case to be argued before the Supreme Court in November. We filed on behalf of respondents in the matter, Colorado’s Executive Director of the Department of Early Childhood and the Director of the Universal Preschool Program.

The central issue in the case is whether Colorado can continue to require religious preschools that receive public funding to follow the state’s nondiscrimination rules, or whether those schools, based on their religious beliefs, can exclude the children of LGBTQ+ parents while still receiving state funding.

The amicus brief argues that a ruling in favor of the schools would grant a taxpayer-funded license to discriminate against some of the youngest and most vulnerable members of society. In addition to infringing upon children’s right to equal protection under the Fourteenth Amendment, such a ruling would cause children to experience profound harm and stigma, a widely acknowledged result of both bias and exclusion from educational programs. Empirical research has confirmed these harms have long-term, concrete consequences for children’s success and well-being. 

Joining the brief, drafted by Cleary Gottlieb Steen & Hamilton LLP, are more than 20 legal, religious, policy, and academic organizations and scholars, including several members of the Interfaith Coalition for Children’s Rights, who share an interest in ensuring that, consistent with Supreme Court precedent, the rights and well-being of children are considered first and foremost as the Court reviews the case.

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Children’s Rights is a national advocacy organization dedicated to improving the lives of children living in or impacted by America’s child welfare, juvenile legal, immigration, education, and healthcare systems. We use civil rights impact litigation, advocacy and policy expertise, and public education to hold governments accountable for keeping kids safe and healthy. Our work centers on creating lasting systemic change that will advance the rights of children for generations. For more information, please visit childrensrights.org.