The Colorado preschool Supreme Court case will be argued Nov. 3, when the justices hear a dispute over whether two Catholic preschools can take part in the state’s universal preschool program without following its nondiscrimination rule, SCOTUSblog reported. The case, St. Mary Catholic Parish v. Roy, sets religious liberty claims against Colorado’s rule that participating schools cannot turn children away over sexual orientation or gender identity.
What the Colorado preschool Supreme Court case is about
The challengers are two Catholic parishes in the Archdiocese of Denver: St. Mary in Littleton and St. Bernadette in Lakewood. They are represented by the religious liberty law firm Becket. Colorado’s program gives families about $6,000 per child to send a child to the preschool of their choice, public or private, including faith-based schools. The preschools serve young children in the Denver area.
To take part, schools must agree not to refuse admission based on the sexual orientation or gender identity of a child or the child’s family. The parishes’ preschools ask families to be supportive of the Catholic faith. Colorado’s position, as described in its filing, is that the parishes want an exemption so they can receive public money while turning away preschoolers because of their own or their parents’ identity.
How the lower court ruled
The U.S. Court of Appeals for the 10th Circuit rejected the parishes’ argument. It applied the Supreme Court’s 1990 decision in Employment Division v. Smith, which generally lets governments enforce neutral, broadly applicable laws even when they burden religious practice, and it upheld the program’s rules as applied to religious schools.
The justices will weigh two questions. The first is what a challenger must show to prove a law is not generally applicable under Smith. The second is whether the Court’s 2022 ruling in Carson v. Makin, which barred Maine from excluding religious schools from a tuition program, displaces Smith only when the government explicitly excludes religious people and institutions.
Who is backing each side
In the Colorado preschool Supreme Court case, the U.S. solicitor general filed a brief supporting the parishes. It argued that Colorado allows some differences in treatment, such as for low-income families or children with disabilities, but not others, according to Catholic World Report. Other groups and states also filed briefs supporting the preschools.
On the other side, Lambda Legal filed a friend-of-the-court brief on Aug. 24 supporting Colorado. It argued that the state has a compelling interest in protecting LGBTQ children and the children of LGBTQ parents from discrimination in school settings. A group of 179 members of Congress also urged the justices to reject the parishes’ position, according to a statement from Rep. Katherine Clark.
Why the ruling could matter
A win for the parishes in the Colorado preschool Supreme Court case could make it harder for states to attach nondiscrimination conditions to public money that flows to religious organizations. A win for Colorado would leave states more room to set those conditions for programs they fund. Either result would be watched by schools, social service agencies and state governments that run similar programs. The Court’s decision will also shape how lower courts read Smith and Carson in future disputes over public funding and religious schools.
For more coverage of the courts and religion, see our reports on a Supreme Court showdown involving Donald Trump, Pope Leo’s visit to France and banned books for Pride Month.
What comes next
The Court agreed to take the case on April 20, after the 10th Circuit upheld Colorado’s rules. The justices will hear oral arguments in the Colorado preschool Supreme Court case on Nov. 3. A decision is expected before the term ends in summer 2027.
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