Appellee has explained how the Colorado Department of Early Childhood burdens the constitutional rights of Darren Patterson Christian Academy by refusing to accommodate its religious exercise while allowing exemptions for other providers. The burdens imposed by the Department’s targeted denial of an exemption are not felt only by the Academy. They are also experienced by other private schools who seek to operate consistently with a religious mission. There are 382 private schools in Colorado, making up about 16% of the State’s schools. Of these, 58% are religious.2 The Department’s policy will implicate the religious exercise of any of these schools that offer preschool and share the widely held religious convictions about sexuality at issue here.
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