A Littleton, Colorado mother says the state denied her family $12,000 in taxpayer-funded preschool benefits because she sends her children to a Catholic school, and the dispute is now headed to the U.S. Supreme Court.
Erika Nagle’s children attend St. Mary Catholic School in Littleton. She told Fox News Digital that two of her kids were shut out of Colorado’s universal preschool program, forcing her family to absorb extra education costs the state’s own benefit was supposed to cover.
“We are being excluded from this benefit because we are Catholic,” Nagle said. “And so in a state that preaches inclusion, they are actively going out of their way to exclude a huge chunk of people because of our religious beliefs.”
What the program promised
Colorado launched its universal preschool funding program in 2023, according to the religious-liberty law firm Becket, offering eligible families roughly $6,300 to cover 15 hours of preschool per week. The state marketed it as a universal benefit letting parents choose among public, private and religious preschools. Nagle says it provides more than $6,000 per eligible child.
Catholic families across Colorado sought to use the benefit at religious schools. Catholic schools challenging the program argue the state’s participation rules unfairly burden their religious beliefs and admissions practices.
Schools already closing
Nagle says the fallout isn’t just financial for her family — it’s hitting Catholic education across the state. “We have had two preschools in the archdiocese that have been closed down,” she said, arguing the program is driving down Catholic school enrollment and pressuring families to abandon the religious education they want.
“The state is dangling a carrot over here, incentivizing people to leave their faith, to abandon the Catholic education that they want.”
Why single out Catholic schools?
Nagle points out that nearly every school sets admissions criteria tailored to its community — prioritizing neighborhood kids, LGBTQ-identifying students, children with special needs, or low-income families. St. Mary prioritizes Catholic families while still welcoming others willing to respect the school’s religious teachings. She asked why that should be treated any differently.
“The state grants $6000 per family to be used during the year before kindergarten, so the year when they’re in pre-K, which is technically the year before kindergarten, and you can use it at the school of your choice,” Nagle said. “And so Catholics are forced to pay the price for the school of our choice, which is Catholic school. And so you have thousands of Coloradans that are being forced to pay more than anyone else.”
“Colorado shouldn’t force Catholic families to give up their choice, which is a faith-based school, and, you know, the state is letting other schools serve their communities, but they’re not letting Catholic families serve their communities,” she said. “And to me, it also makes me wonder, is this by design, is this paving the way for godlessness or for what? Why can’t Catholic families receive this benefit when there are other schools that were granted their exemption for other admissions requirements?”
The case now at the Supreme Court
The Supreme Court is scheduled to hear the case Tuesday. It stems from a Catholic parish’s challenge after Colorado barred certain schools from the universal pre-K program over their faith-based admissions standards.
A spokesperson for the Colorado Department of Early Childhood said the agency could not comment on pending litigation. Fox News Digital reached out to Colorado Gov. Jared Polis’ office for comment but did not receive a response.
