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Supreme Court to Hear Colorado Preschool Religious-Liberty Case

The justices will weigh how a state’s nondiscrimination rule for a universal preschool benefit interacts with the First Amendment’s free-exercise protections.

Overview

  • The Supreme Court agreed to review St. Mary Catholic Parish v. Roy, a challenge to Colorado’s rule for its free, statewide preschool program, with arguments expected next term and a decision likely by June 2027.
  • Colorado’s program offers up to 15 hours per week of free preschool at participating sites, and providers must agree not to deny enrollment based on a family’s sexual orientation.
  • Catholic parishes in the Archdiocese of Denver say that condition conflicts with their beliefs about marriage and family and led to their exclusion from the program.
  • Lower federal courts upheld the state’s requirement, and the Supreme Court narrowed its review to how the Employment Division v. Smith test applies to public-funding conditions.
  • The case follows recent rulings that barred excluding religious schools from neutral public benefits, and its outcome could shape access for same-sex-parent families and the role of faith-based providers in universal programs.