On September 15, 2025, FFRF signed onto an amicus brief with the 10th U.S. Circuit Court of Appeals in the case Darren Patterson Christian Academy v. Roy. This was a challenge to Colorado’s Universal Preschool Program’s equal opportunity requirement prohibiting gender identity discrimination. DPCA sought to participate in the state-funded program while being allowed to discriminate against children and their families based on sexual orientation and gender identity.
The brief outlines three main arguments. First, the Universal Preschool Program’s equal-opportunity requirement. This prohibits discrimination based on gender identity, is a religion-neutral law that does not violate the Free Exercise Clause. Second, the Universal Preschool Program’s equal-opportunity requirement does not trigger strict scrutiny, a rigorous legal standard, as the requirement is generally applicable and neutral. And third, even if the court decides strict scrutiny applies, the requirement would still survive because it serves compelling governmental interests in preventing discrimination, and the requirement is narrowly tailored to prevent gender-identity discrimination.
This brief was drafted by Americans United For the Separation for Church and State and the ACLU.
ACLU of Colorado’s Case Page for Darren Patterson Christian Academy v. Roy
