The U.S. Supreme Court on Tuesday heard oral arguments in St. Mary Catholic Parish v. Roy, a case examining whether Colorado can exclude Catholic preschools from its universal preschool program for refusing to admit families that do not adhere to Catholic teachings.
The state’s program, which provides publicly funded preschool education, requires participating schools to enroll children regardless of sexual orientation, gender identity, or other protected characteristics. Catholic schools in Colorado have been barred from the program since they refuse to admit children of same-sex couples, arguing that doing so would violate their religious beliefs. The Archdiocese of Denver and two Catholic schools sued the state after their application for a religious exemption was denied.
Justice Ketanji Brown Jackson questioned the schools’ legal team, suggesting their position amounted to seeking a “special rule” to discriminate. The coalition of Catholic schools, represented by the Becket Fund for Religious Liberty, countered that the state’s policy infringes on their First Amendment rights by compelling them to act against their religious convictions.
Colorado’s defense hinges on its anti-discrimination standards, which apply to all participating schools. State attorneys argue the policy is neutral and generally applicable, meaning it does not target religion specifically but applies equally to all institutions. Lower courts previously ruled in favor of Colorado, finding that the policy only incidentally burdened the schools’ religious practices.
Key arguments presented
The case centers on whether Colorado’s policy violates the Free Exercise Clause of the First Amendment. The plaintiffs contend the state’s refusal to grant a religious exemption while allowing secular exemptions—such as for schools serving low-income families—creates unequal treatment. They also argue the state’s policy conflicts with the Supreme Court’s precedent in Employment Division v. Smith, which allows laws to burden religious practices if they are neutral and generally applicable.
The Archdiocese of Denver has stated that admitting children of same-sex couples would compromise its mission and Catholic identity, potentially causing confusion about marriage for all students. The state, however, asserts that its policy is designed to prevent discrimination and ensure equal access to publicly funded education.
What the Supreme Court is deciding
The justices are not considering overturning Employment Division v. Smith, as some observers expected. Instead, they are focusing on a narrower question: whether Colorado’s law should be evaluated under a stricter standard because it allegedly treats religious exemptions differently than secular ones. The Court’s decision could clarify how states must balance anti-discrimination laws with religious freedom claims in publicly funded programs.
Background and implications
Colorado’s universal preschool program, launched in 2023, allows parents to choose between public and private schools for their children’s early education. To receive state funding, participating schools must comply with non-discrimination policies that include protections for LGBTQ+ families. The Catholic schools argue this requirement forces them to violate their religious tenets, while the state maintains the policy ensures inclusive access to education.
The case has drawn attention from advocacy groups on both sides. Supporters of the Catholic schools emphasize religious liberty, while LGBTQ+ rights organizations argue that excluding families based on sexual orientation sets a dangerous precedent. The Supreme Court’s ruling, expected by summer 2025, could influence similar disputes nationwide over the intersection of religious freedom and anti-discrimination laws in publicly funded programs.