Through targeted regulations on religious schools, Colorado not only burdens the free exercise of petitioners. The majority of private schools in the State are religious and those who choose to operate consistent with the teachings of their faith about marriage and sexuality are also burdened by the State’s policy. This is because the policy enforces a preference for secular private schools and schools whose missions and practices align with the State’s preferred beliefs about gender and sexuality. Significantly, the policy also interferes with the ability of parents and families to exercise their responsibility, motivated by their faith, to direct their children’s education by removing from them an opportunity to receive otherwise publicly available financial assistance necessary for many to access private schooling consistent with their religious beliefs about gender and sexuality.
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