Overview
- The case, which the Supreme Court agreed to hear Monday, challenges Colorado's rule that preschools taking universal pre‑K funds may not turn away LGBTQ families.
- The justices limited review to how Employment Division v. Smith applies to public‑funding conditions and declined to consider overruling that precedent.
- A federal judge in June 2024 and a unanimous 10th Circuit panel later upheld Colorado’s equal‑opportunity requirement as neutral and generally applicable.
- Colorado says faith‑based schools may teach religion but cannot deny enrollment based on a child’s or parent’s protected status, while the Catholic schools argue other admissions preferences show the policy is not applied the same way.
- Arguments are expected in the next term with a ruling likely by June 2027, and the outcome could shape LGBTQ families’ access to publicly funded preschools and the rules for religious providers; the Trump Justice Department filed a brief backing the challengers.