And that's the premise that we start with at a private Catholic school – no matter what, we're all sinners.” At the same time, he explains, “there is objective truth given to us by God, that we were created a certain way to be beautiful in his eyes, and for the world.” Thanks to St. Mary’s Appellate Case: 24-1267 Document: 010111098426 Date Filed: 08/21/2024 Page: 10 Appellate Case: 24-1267 Document: 50 Date Filed: 08/21/2024 Page: 10 preschool, Andy says “our kids came home well-rounded, beautiful little people, understanding what God teaches about loving everyone.” If UPK Colorado provided for three-year old Lily’s preschool education, Andy would use the savings to “go towards the betterment of our family as a whole.” They could think about moving to a larger house.

Schools that wish to participate in the program must agree to “provide eligible children an equal opportunity to enroll and receive services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability, as such characteristics and circumstances apply to the child or the child’s family.” Id. § 26.5-4-205(2)(b).

In Gravissimum Educationis, the Second Vatican Council’s Declaration on Christian Education, Pope Paul VI proclaimed that “Holy Mother Church must be concerned with the whole of man's life, even the secular part of it insofar as it has a bearing on his heavenly calling.

The Supreme Court, in a recent case also involving the state of Colorado, rejected this circuit’s assertion that the very “uniqueness” of the services by a wedding website designer could justify the state’s attempt to conscript her voice to disseminate the government’s preferred message.

For the sake of the families hoping to offer their young children a Catholic preschool education and in order to remedy Colorado’s unconstitutional restrictions on UPK Colorado, amici respectfully request this Court to reverse the decision below.

And none of the district court’s other reasons to distinguish Dale holds water.

Nonetheless, the Department is authorized to, and does, provide exceptions to many of the quality standards, including its equal-oppor- tunity mandate.

... event the record suggests such exceptions are likely The district court concluded that accommodations for programs fo- cusing on underprivileged, minority, and disabled children did not un- dermine general applicability because none ...

Studies of choice programs throughout the country overwhelmingly reflect a common conclusion: Choice leads to measurable educational benefits for many students, is neutral for others, and harms none.

The Program affects a large swath of Colorado families of faith from disparate denominations—Jewish, Muslim, Protestant, Catholic, Orthodox, and others—for whom a religious preschool is the right fit for their children.

Amici, the Jewish Coalition for Religious Liberty, the Rocky Mountain District of the Lutheran Church Missouri-Synod, and the Colorado Association of Private Schools are a coalition of religiously diverse organizations who together move to file an amicus brief explaining the Appellate Case: 24-1267 Document: 010111097620 Date Filed: 08/20/2024 Page: 3 Appellate Case: 24-1267 Document: 37 Date Filed: 08/20/2024 Page: 3 broader implications of the Program.

Amici’s brief provides the Court with a wider lens regarding the importance religious preschools play in Colorado’s mixed-delivery system of early childhood education.

“Federal courts have discretion in allowing participation as amicus curiae.” New Mexico Oncology & Hematology Consultants, Ltd. v. Presbyterian Healthcare Servs., 994 F.3d 1166, 1175–76 (10th Cir. 2021).

Yet notwithstanding the significant benefits a mixed-delivery system provides by including a diversity of preschool types, including religious preschools, Defendants’ implementing policies undercut those benefits by Appellate Case: 24-1267 Document: 010111097620 Date Filed: 08/20/2024 Page: 4 Appellate Case: 24-1267 Document: 37 Date Filed: 08/20/2024 Page: 4 effectively prohibiting a large swath of Colorado’s religious families from participating.

LISA ROY, in her official capacity as Executive Director of the Colorado Department of Early Childhood; and DAWN ODEAN, in her official capacity as Director of Colorado’s Universal Preschool Program, Defendants-Appellees.

Do not use “et al.” or generic terms such as “Plaintiffs.” Attach additional pages if necessary.

Pursuant to Tenth Circuit Rule 46.1(D), the undersigned certifies2 as follows: The following (attach additional pages if necessary) individuals and/or entities are not direct parties in this appeal but do have an interest in or relationship to the litigation and/or the outcome of the litigation.

2 Pursuant to Tenth Circuit Rule 46.1(D)(6), this certificate must be promptly updated if the required information changes.

Appellate Case: 24-1267 Document: 010111097706 Date Filed: 08/20/2024 Page: 4 Appellate Case: 24-1267 Document: 42 Date Filed: 08/20/2024 Page: 4

Chartering three small ships, the Synod’s founders sailed to the United States because of the country’s promise of religious freedom, founding the Synod on the banks of the Mississippi River in Perry County, Missouri.

The Rocky Mountain District of the LCMS has an in- terest in this case for two reasons: first, to ensure that it might operate its preschools in accordance with its faith; and second, to vindicate the right of religious freedom the Synod’s founders sacrificed their lives for.

Appellants’ opening brief amply explains the myriad violations of the First Amendment attendant to Defendants’ discriminatory policies, as does Judge Domenico’s persuasive opinion in Darren Patterson Christian Acad. v. Roy, 699 F. Supp.

Appellate Case: 24-1267 Document: 010111097628 Date Filed: 08/20/2024 Page: 28 Appellate Case: 24-1267 Document: 40 Date Filed: 08/20/2024 Page: 28 Curriculum, Writing without Tears, and Brigance Assessment.”18 And at Resurrection Christian School in Loveland, its preschool provides “[d]aily opportunities for spiritual growth through prayer, Bible stories, scripture verses, and chapels, so they grow into strong Christians with unwavering faith.”19 Such faith-based curricular decisions would not be allowed under the Program as currently implemented by Defendants.

In the Or- thodox Jewish community, for example, the high cost of religious tuition has long been seen as a crisis that forces many parents to choose between their faith and financial security.23 This is also true in Denver metro Jew- ish schools.

Dear Counsel: The appendix received in the subject case does not comply with the form requirements of 10th Cir. R. 30.1(D) (note that all form requirements also apply to supplemental appendices).

Please file a corrected appendix within three days of the date of this notice.

Do not file paper copies of your appendix and brief until the court has received the corrected electronic appendix and issued notice it is compliant.

Appellate Case: 24-1267 Document: 010111094963 Date Filed: 08/14/2024 Page: 2 The time to file a response brief will run from the date of service of the appendix.

Sincerely, Christopher M. Wolpert Clerk of Court