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Supreme Court to Hear Colorado Preschool Case on Religious Exemptions to LGBTQ Nondiscrimination

The case will test how far states may tie preschool funding to LGBTQ‑inclusive enrollment rules under the First Amendment.

Overview

  • The Supreme Court, which agreed Monday to hear St. Mary Catholic Parish v. Roy, plans to hold arguments in the fall term.
  • Colorado’s 2020 voter‑approved universal preschool program offers free hours to all 4‑year‑olds and requires participating schools to give every child an equal chance to enroll regardless of sexual orientation or gender identity, and the program includes public, private, and faith‑based providers who must follow the rule.
  • The Archdiocese of Denver, two parishes, and a Catholic family argue the rule is not generally applicable because the program lets schools prioritize groups like low‑income children or those with disabilities.
  • A federal judge and the 10th Circuit upheld the policy, and the justices declined to consider overturning the 1990 Employment Division v. Smith decision in taking the case.
  • The Trump administration’s Justice Department backed the appeal in an unsolicited brief, and the outcome could shape who gets access to public education funds and how far LGBTQ nondiscrimination rules reach, with the archdiocese saying its preschools have already lost students without subsidies.