The U.S. Supreme Court on Tuesday heard arguments in St. Mary Catholic Parish v. Roy, a case examining whether Colorado violated the First Amendment’s free exercise clause by excluding Catholic preschools from a state-funded universal pre-K program due to their refusal to comply with an anti-discrimination policy.
Colorado’s program, enacted in 2022, allocates over $300 million annually to provide free preschool to all 4-year-olds in the state. The program allows families to choose among public and private providers, including religious preschools. Seventy-nine religious preschools currently participate, receiving millions in taxpayer funds. The state’s policy bars preschools from the program if they discriminate based on sexual orientation or gender identity of children or parents.
The Archdiocese of Denver and other Catholic plaintiffs argue that Colorado’s rule conflicts with their religious beliefs, which do not recognize same-sex relationships or transgender status. Their legal team contends the state excluded Catholic preschools solely because of their religious exercise. The Trump administration has filed in support of the plaintiffs.
Colorado’s Attorney General Phil Weiser, a Democrat, disputes this claim, stating that religious schools can and do participate in the program as long as they adhere to the anti-discrimination provision. The state argues the policy ensures equal access for all families, regardless of background.
Key Arguments Before the Court
The case centers on whether Colorado’s refusal to grant an exemption to Catholic preschools violates the First Amendment’s protections for religious exercise. The plaintiffs assert that the state’s policy targets their religious beliefs, while Colorado maintains the rule is neutral and applies equally to all providers.
The Supreme Court’s 6-3 conservative majority has in recent years frequently sided with religious plaintiffs in similar disputes. This case is the latest in a series of high-profile conflicts pitting religious rights against LGBTQ protections, many originating in Colorado.
Background: Colorado’s Universal Pre-K Program
Before 2022, Colorado funded pre-K for a limited number of students. The state expanded the program after research showed universal pre-K benefits all children, regardless of background. Unlike traditional public school-based models in states like California, Colorado’s approach directs funds to families, allowing them to choose among providers, including religious schools.
The program’s design explicitly permits religious instruction at participating preschools. However, the state’s anti-discrimination rule requires all providers to accept children and families without regard to sexual orientation or gender identity.
Broader Implications for Religious Liberty and Anti-Discrimination Laws
Legal experts note this case could set a precedent for how states balance religious exemptions with anti-discrimination policies. The outcome may influence future disputes over public funding for religious institutions and the scope of LGBTQ protections in education.
The Supreme Court is also set to hear another religious liberty case this term, Grand v. City of University Heights, involving an Orthodox Jewish man who was issued a cease-and-desist order for hosting prayer gatherings in his home. That case examines local government regulations on religious activities and the limits of the free exercise clause.
The decisions in both cases are expected by mid-2025.