Senator James Lankford is joining dozens of Republican lawmakers in asking the U.S. Supreme Court to side with faith-based schools in a high-profile school choice case set for the Court's October 2026 term. Lankford and Tim Walberg led an amicus brief arguing that Colorado unfairly excluded Catholic preschools from the state's universal preschool program because of their religious beliefs. Critics of the policy say that's less "equal opportunity" and more "everyone's welcome, except you." The lawmakers contend the decision violates religious liberty and could jeopardize federal school choice programs created under the Working Families Tax Cuts Act.

The case stems from Colorado's decision to bar Catholic preschools from participating in its publicly funded preschool program while allowing exceptions for some secular schools. A federal appeals court upheld the policy in 2025, but the Supreme Court has agreed to review the case. Lankford said parents, not government bureaucrats, should decide what educational environment best fits their children, including schools that reflect their family's faith. Supporters of the brief argue that if the lower court's ruling stands, states could use similar policies to push religious schools to the sidelines, turning "school choice" into something that looks a lot more like "school choices, terms and conditions apply."