The Colorado Catholic Conference, representing the state’s bishops, is urging lawmakers and voters to oppose a newly introduced bill that it says would erode the religious autonomy of faith-based schools participating in scholarship programs funded through federal tax credits.
HB26-1292 — introduced Feb. 23 by Democratic state Rep. Lori Goldstein and Democratic state Sens. Cathy Kipp and Janice Marchman — would require all private schools that enroll students using scholarships from organizations supported by a federal tax credit program to adhere to requirements of the Colorado Anti-Discrimination Act.
According to the bishops, the bill would prohibit discrimination based on categories including sexual orientation, gender “identity,” and gender “expression.” Under the proposed bill, participating schools would need to follow these standards in admissions, enrollment, academic performance, access to services, and student retention. Schools would also be required to publish non-discrimination statements on their websites and could face court injunctions if found in violation.
In a statement posted on their website, the bishops warned the bill “restricts the religious integrity and autonomy of Catholic and other faith based schools that do not adhere to the state definition of gender ideology.” They argued the measure would limit educational opportunities for families who want to use school choice scholarships to send their children to Catholic or other religious schools.
“HB26-1292 is a gross overreach of the state and violation of the First [A]mendment protections of speech and expression,” the conference said.
The bishops pointed to two U.S. Supreme Court rulings to support their position. In 2020, the court held in Espinoza v. Montana that a state may not exclude faith-based schools from participating in a tax credit scholarship program solely because of their religious status. The court ruled in National Institute of Family and Life Advocates v. Becerra in 2018 that California could not require crisis pregnancy centers to post information about abortion services on their websites.
“HB 1292 forces schools to publish non-discrimination code that violates their sincerely held belief,” the bishops stated. “It therefore contradicts U.S. Supreme Court precedent, the [C]onstitution, and parental rights.”
A hearing on the bill is scheduled for March 12 in the Colorado House Education Committee.