Two Catholic parishes and the Archdiocese of Denver sued the Polis administration over its rollout of a “universal” program aimed at saving Colorado families thousands of dollars in preschool costs, arguing that the conditions set forth by the state “effectively penalizes the free exercise of religion.”

The two parishes operate their own preschool programs.

The governor’s office said it would vigorously defend the universal program.

The lawsuit, which the parishes and the archdiocese filed in federal court, said state rules to require preschool providers to accept any applicant — without considering a student or family’s religion, sexual orientation, or gender identity — “directly conflict” with the parishes’ religious beliefs and their obligations as “entities that carry out the Catholic Church’s mission of Catholic education” in Colorado.

The problem with this mandate, the lawsuit said, is that the parishes give priority to Catholic families who seek to ensure their children get a Catholic education. That means carrying out that mission directly contravenes the state requirement in order to participate in the universal preschool program.

Another requirement that says preschools must not discriminate against any person on the basis of, among other things, gender, gender identity, and sexual orientation also precludes the plaintiffs from the program because, as a faith community and religious ministry of the Catholic Church, the latter require teachers and staff to agree to uphold and abide by the church teachings, according to the lawsuit.

“This sincere religious belief means that plaintiffs cannot employ teachers, staff, and administrators who refuse to uphold the Catholic Church’s beliefs regarding marriage and the family, including its belief that marriage is limited to one man and one woman for life,” the lawsuit said.

The lawsuit said these preclusions violate their First Amendment rights.

Privately-run preschools, whether faith-based or not, are not outlawed by the law, so parochial programs can prioritize Catholic students and put primacy on teaching Catholic values if they choose to not apply for state subsidy for their preschoolers. However, they will need to abide by state requirements in order to get the subsidy.

Under the program, a child can receive 15 hours worth of subsidy per week — effectively half day of preschool class — at an eligible preschool program.

The two parishes said that comes out to almost $6,000 per child per week.

In a statement to Colorado Politics, Gov. Jared Polis’ office said that voters clearly favor a free preschool that offers it to every child “no matter who their parents.”

“While it’s unfortunate to see different groups of adults attempting to co-opt preschool for themselves, perhaps because they want to not allow gay parents to send their kids to preschool, or they want to favor school district programs over community-based early childhood centers, the voters were clear on their support for parent choice and a universal, mixed delivery system that is independently run, that doesn’t discriminate against anyone and offers free preschool to every child no matter who their parents are,” said Conor Cahill, the governor’s spokesperson.

Cahill added, “We will continue to ensure that every Colorado child and family has access to preschool, meet the needs of all learners, and will vigorously defend this landmark program in court so that even more families can benefit from preschool. This is another reminder of why it’s important that we support Proposition II.”