DENVER, Co. - Attorneys from Alliance Defending Freedom (ADF) have filed a federal lawsuit on behalf of a Christian preschool. The lawsuit is against Colorado state officials who have reportedly required the school to give up its religious identity and beliefs in order to participate in the state's universal preschool program. The program provides state-funded preschool services for at least 15 hours per week to every four-year-old in the state for the upcoming school year.
The academy, named Darren Patterson Christian Academy, located in Buena Vista has reportedly been granted approval to participate in Colorado's new universal preschool program, which is scheduled to commence from July 1. ADF says the school accepts children who meet its enrollment criteria regardless of their religious beliefs or backgrounds and welcomes all families.
According to ADF, The Colorado Department of Early Childhood set new requirements for schools to participate in a program and receive state funding. These new requirements reportedly include hiring employees who do not share the school's faith and making changes to internal rules and policies that are based on the school's religious beliefs about sexuality and gender. The changes also may include restroom usage, pronouns, dress codes, and student housing during expeditions and field trips.
Jeremiah Galus, who is Senior Counsel at ADF, said he believes that, according to the Constitution, the government cannot refuse a school's participation in a public program solely based on the school's internal religious practices. He believes the principle was reaffirmed by the U.S. Supreme Court in 2017, 2020, and 2022.
Join the conversation. Click here to join our Facebook group.Darren Patterson Christian Academy has been providing educational services to families in Chaffee County for more than four decades. The school claims that Colorado officials are infringing on its First Amendment rights by requiring it to give up its religious beliefs in order to receive state funding. The school believes that its religious values are a primary reason why parents choose to enroll their children there.
All licensed preschools in Colorado, including Darren Patterson Christian Academy's state-licensed Christian preschool called "Busy Bees," were reportedly encouraged by the state to register for the program. The school has been providing Christian education to the community of Chaffee County since 1982 and is supposedly one of the few schools offering such education in the area.
Darren Patterson Christian Academy's beliefs reportedly influence all aspects of its operations, including the education of its students, internal policies and practices, interactions with the public, and hiring and employment decisions. The state's universal preschool program requires all participating preschools, including religious ones like Darren Patterson Christian Academy, to comply with two state rules that reportedly prohibit discrimination based on religion, sexual orientation, or gender identity.
After being approved for the program, the school and other faith-based groups raised concerns with the CDEC. They requested that the school be allowed to operate in accordance with its religious beliefs while still participating in the program. The request was reportedly denied by the agency.
According to ADF Legal Counsel Jake Reed, Colorado officials are requiring Darren Patterson Christian Academy to choose between either adhering to its religious beliefs and forfeiting participation in a public program or surrendering its beliefs to participate equally with other preschools in the state, which he believes may be unconstitutional. He says the request is for the court to confirm that the First Amendment provides complete protection for the school's ability to operate in accordance with its faith while also participating in the state's preschool program.
According to the lawsuit, several families have enrolled their children in the school due to their shared Christian beliefs and values. If the school doesn't comply with the state's requirements, it may lose tuition reimbursement from the state and potentially affect these students and families.
The lawsuit, Darren Patterson Christian Academy v. Roy, was filed by ADF attorneys in the U.S. District Court for the District of Colorado.
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