Commentary

Darren Patterson Christian Academy v. Roy

Darren Patterson Christian Academy v. Roy

Defending Parental Rights in Colorado’s Universal Preschool Program

Denver, CO — The Center for American Liberty filed an amicus curiae brief in the Tenth Circuit in Darren Patterson Christian Academy v. Roy, defending parents’ right to direct their children’s education free from government interference.

Colorado’s “universal” preschool program promises choice but excludes effectively faith-based schools through its so-called “quality standards.” The state’s rules allow secular exceptions but categorically deny religious ones—making the policy neither neutral nor generally applicable under the First Amendment. By forcing religious schools to abandon their beliefs to participate, Colorado violates the Constitution and punishes families who seek faith-based education.

The result is fewer options for everyone, especially rural and low-income parents who rely on religious schools. True equality means equal participation, not forced secularization. If Colorado wants a “mixed delivery” system that includes both public and private schools, it must include religious providers on the same terms as secular ones.

This case is about far more than one Christian preschool. A victory would reinforce the Supreme Court’s recent Free Exercise precedents—Carson v. MakinEspinoza v. Montana Department of RevenueFulton v. City of Philadelphia, and Church of the Lukumi Babalu Aye v. Hialeah—and strengthen nationwide protections for religious families. As states increasingly use education policy to enforce ideological conformity, our work defending parental rights and religious freedom has never been more urgent.

The Center for American Liberty remains committed to ensuring that no family must choose between public benefits and their faith.
Darren Patterson Christian Academy v. Roy