# Andrea Picciotti-Bayer: Colorado Universal Preschool Revives Anti-Catholic Precedent

- Link: https://the-timenews.com/andrea-picciotti-bayer-colorado-universal-preschool-revives-anti-catholic-precedent/
- Published: 2026-11-02T11:02:24+00:00
- Author: The Time News

# Andrea Picciotti-Bayer: Colorado Universal Preschool Revives Anti-Catholic Precedent

Legal analyst Andrea Picciotti-Bayer warns that the state’s rollout of the **Colorado
universal preschool** program echoes discriminatory 19th-century statutes, effectively
sidelining Catholic schools and religious families seeking early childhood education
funding.

Picciotti-Bayer, legal analyst and director of the Conscience Project, contends 
that state regulations governing Colorado’s Department of Early Childhood penalize
faith-based providers by forcing them to choose between their core religious tenets
and public participation. Her critiques spotlight a growing national debate over
religious liberty, public education funding, and the lingering legacy of historic
Blaine Amendments.

**Also read:** [Colorado’s Socialist Surge Shakes Up the Democratic Establishment](https://the-timenews.com/colorado-socialist-surge-democratic-establishment/)

## Legal Controversy Surrounding Colorado Universal Preschool

Colorado launched its Universal Preschool (UPK) program in 2023 to provide up to
15 hours of tuition-free early education per week for four-year-olds statewide. 
Under the program guidelines, private, public, and religious providers may register
to accept state funds on behalf of eligible children.

However, controversy erupted over state-mandated non-discrimination requirements
regarding admissions and employment. Catholic preschools affiliated with the Archdiocese
of Denver, including St. Mary Catholic Parish in Littleton and St. Bernadette Catholic
Parish in Lakewood, filed federal lawsuits challenging the rules.

The schools argued that the state’s mandate requires them to forfeit their religious
authority—particularly regarding faith-based hiring practices and teachings on marriage
and gender—even while secular providers received carve-outs and exemptions under
program administration.

In her analysis, Picciotti-Bayer asserted that these state policies do not represent
neutral governance, but rather an aggressive effort to exclude Catholic institutions
from public benefits accessible to secular counterparts.

## Echoes of 19th-Century Blaine Amendments

Central to Picciotti-Bayer’s argument is Colorado’s historical backdrop, specifically
the state’s Blaine Amendment. Originating in the late 1800s, Blaine Amendments were
adopted across dozens of state constitutions to bar public tax dollars from supporting
sectarian institutions—measures widely recognized by historians and the U.S. Supreme
Court as having anti-Catholic origins.

While the U.S. Supreme Court has recently curtailed state efforts to exclude religious
schools from public benefit programs in landmark cases like _Espinoza v. Montana
Department of Revenue_ and _Carson v. Makin_, Picciotti-Bayer warns that state agencies
have found alternative ways to enforce exclusions.

“Colorado’s decision to disqualify Catholic preschools from universal preschool 
mirrors the hostile attitudes of the past,” Picciotti-Bayer argued, noting that 
modern bureaucratic requirements have effectively recreated the barriers once imposed
by overt anti-sectarian statutes.

## Federal Court Interventions

The legal clash has already prompted judicial action. In mid-2024, a federal district
judge granted preliminary relief to Christian preschools operating within the state,
ruling that Colorado officials could not compel faith-based providers to compromise
their employment and admissions guidelines while secular exemptions were readily
granted.

Legal advocates at Becket Law, who represent several Catholic parishes in the dispute,
emphasized that universal programs must truly be universal, permitting parents of
all faiths to use state entitlements at the provider of their choice.

## What Happens Next

The ongoing legal battles over the **Colorado universal preschool** framework remain
active in federal appellate courts. The outcome could establish critical legal precedent
governing how states design publicly funded early childhood programs without infringing
upon the First Amendment rights of religious institutions.

As litigation advances, constitutional scholars and education policy analysts will
closely watch Colorado, where the dispute over preschool access continues to test
the boundary between civil rights regulations and religious freedom guarantees.

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