The U.S. Supreme Court on Tuesday heard arguments in a case that examines whether Colorado’s universal pre-K program can exclude religious schools from state funding based on nondiscrimination policies. The case, St. Mary Catholic Parish v. Roy, centers on whether religious preschools must comply with state anti-discrimination laws to receive public funds.
The dispute began after Colorado implemented its universal preschool program in 2023, offering free, part-time preschool to all 4-year-olds. The program requires participating schools to sign a contract agreeing to state nondiscrimination rules, which prohibit discrimination based on sexual orientation and gender identity. Religious schools, including Catholic preschools, have argued that these requirements conflict with their beliefs, as they would be required to admit children of same-sex couples or transgender students.
The Archdiocese of Denver and two parishes filed a lawsuit challenging the program, asserting that the nondiscrimination clause violates their First Amendment rights to free exercise of religion. The plaintiffs include families who say they rely on Catholic preschools but cannot afford tuition without state support. One family, the Sheleys, have seven children, five of whom attend St. Mary Catholic Parish School, and have spent thousands on tuition after being denied state funding.
The Supreme Court’s decision could reshape how states fund religious schools in programs that receive public money. Legal experts note a shift in the Court’s approach to religious freedom cases in recent years, increasingly prioritizing free exercise over the separation of church and state. The Court previously ruled in favor of religious exemptions in cases like Espinoza v. Montana Department of Revenue (2020), which allowed tax credits for religious schools, and Carson v. Makin (2022), which permitted Maine to fund religious education.
Opponents of the religious schools’ position argue that public funds should not support institutions that discriminate. They contend that nondiscrimination policies are essential to ensure equal access to taxpayer-funded programs. The state of Colorado has defended its program, stating that it aims to provide inclusive education for all children regardless of background.
The case also highlights broader debates over school choice and the role of religious institutions in public education. Supporters of the program say it expands access to early childhood education, while critics argue it could divert public funds away from secular alternatives. The outcome may influence similar disputes in other states with universal preschool or voucher programs.
Legal analysts suggest the Court’s ruling could hinge on whether it views the nondiscrimination requirement as a neutral rule of general applicability or as a targeted burden on religion. The Court’s conservative majority has shown increasing deference to religious claims in recent years, but the case presents a new test of how far that deference extends in the context of state funding programs.