Attorney General Bonta Defends State Laws Protecting Preschoolers from Discrimination

OAKLAND — California Attorney General Rob Bonta yesterday joined a coalition of 19 attorneys general in filing an amicus brief in the U.S. Supreme Court defending Colorado’s requirement that preschool providers participating in the state’s Universal Preschool program comply with state antidiscrimination laws, including protections for LGBTQ+ families. 

“All students deserve access to safe, welcoming, and inclusive school lives,” said Attorney General Bonta. “Laws like Colorado’s ensure states can act in their residents’ best interests by protecting them from discrimination, ensuring equal and continued access to services from the providers residents know and trust. We are committed to defending Americans’ civil rights and securing educational environments where all students can prosper free from unfair treatment.” 

In 2023, Colorado launched its Universal Preschool program, which provides public funding to both private and public preschool providers that choose to participate. As a condition of receiving that funding, participating providers must agree to provide eligible families an equal opportunity to enroll their children, regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, housing, income level, or disability.   

In St. Mary’s Catholic Parish vs. Roy, two Catholic preschools and the Archdiocese of Denver sued to block Colorado from enforcing its equal enrollment requirement, arguing that the requirement unfairly targets religious institutions and conflicts with their religious teachings. The U.S. Court of Appeals for the Tenth Circuit rejected those claims, holding that Colorado’s enrollment requirement applies to all schools equally. The Catholic preschools appealed to the U.S. Supreme Court, which agreed to hear oral arguments on the case on November 3, 2026. 

In the amicus brief, Attorney General Bonta and the coalition ask the Court to uphold the Tenth Circuit’s ruling allowing Colorado to require preschools to comply with its equal enrollment requirement. Attorney General Bonta and the coalition argue that:

• States have a strong interest in ensuring that organizations receiving public funding to provide public services comply with the same civil rights protections that apply to state-run programs.
• States have a compelling interest in protecting their residents from discrimination, including — indeed, especially — where public funds are involved. Many states, including California, have enacted civil rights laws that require equal treatment in employment, housing, public services, education, and other areas. These laws have been repeatedly upheld by courts.
• Allowing institutions to receive public funding without being required to comply with state antidiscrimination laws could force states to navigate a burdensome provider-by-provider patchwork of rules and exceptions. In some cases, states could be pushed to bring services entirely in-house, reducing choice and flexibility for residents.
• Allowing private organizations to bypass state laws when receiving public funding would dramatically reshape previous legal interpretations of the First Amendment.
• Permitting participating providers to disregard state civil rights laws could limit states’ ability to establish consistent standards for public programs across a wide range of services, not just preschools. 

Joining Attorney General Bonta in filing this amicus brief, which was co-led by Massachusetts Attorney General Andrea Joy Campbell and Minnesota Attorney General Keith Ellison, are the attorneys general of Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington.