U.S. Senator James Lankford is leading a congressional amicus brief urging the U.S. Supreme Court to protect the rights of faith-based schools participating in school choice programs.
Lankford and House Education and Workforce Committee Chairman Tim Walberg led 43 members of Congress in filing the brief in a case involving Colorado’s universal preschool program. The Supreme Court is scheduled to hear the case during its October 2026 term.
The case stems from a decision by the 10th U.S. Circuit Court of Appeals that allowed Colorado to exclude Catholic preschools from its universal preschool program because the schools require families to support Catholic teachings on sex and gender.
Lankford said the case is about protecting religious liberty and ensuring families have the freedom to choose schools that reflect their beliefs.
According to the brief, allowing the appeals court decision to stand could also affect the federal tax credit scholarship program created by Congress through the Working Families Tax Cuts Act of 2025 by allowing states to exclude faith-based schools from participating.
