This case is about the serious, life-long, and cumulative injuries to LGBT children or children in LGBT families (“children in the LGBT community”) from intentional discrimination should state-funded religious private schools prevail – injuries that state and federal law are designed to prevent.

Amici advance three arguments. First, Colorado has a compelling interest in protecting children’s access to educational opportunities under the Universal Preschool Program (“UPK” or “UPK Program”) unencumbered by discriminatory barriers.

Second, consistent with Colorado’s national leadership and child-centered approach to equality, the state has a compelling interest in liberating children from the dignitary, psychological, and familial harms that result from discrimination.

Third, allowing state-funded religious service providers to engage in LGBT discrimination against preschoolers will force Colorado to “directly or indirectly” give legal effect to private beliefs that violate state and federal anti-discrimination laws. While Plaintiffs-Appellants (“Preschool Providers”) have the right to exercise their religious beliefs, neither the majority nor a “fraction of the body politic” is permitted to “use the power of the State to enforce [its private] views on the whole of society through operation of . . . law,” let alone to flout hallowed Fourteenth Amendment tenets.

Keep Reading Brief of Amici Curiae Scholars for the Advancement of Children’s Constitutional Rights in Support of Defendants-Appellees