Supreme Court hears case on religious exemptions for Colorado preschool program

The U.S. Supreme Court is set to hear oral arguments on November 3, 2026, in St. Mary Catholic Parish v. Roy, examining whether Colorado can exclude Catholic preschools from state universal preschool funding if they refuse to sign LGBTQ nondiscrimination agreements. Backed by President Donald Trump's administration, Catholic entities argue the rule violates their First Amendment free exercise rights, while Colorado defends its equal-opportunity mandate under Employment Division v. Smith.

Catholic lawsuit against Colorado preschool program

• ▪Catholic challengers in St. Mary Catholic Parish v. Roy argue Colorado's nondiscrimination requirement violates their First Amendment free exercise rights by impermissibly refusing religious exemptions while granting enrollment prioritization exceptions for low-income and disabled students
• ▪The U.S. Supreme Court scheduled oral arguments for November 3, 2026, in St. Mary Catholic Parish v. Roy regarding religious exemptions in Colorado's universal preschool program
• ▪A federal district court in Colorado in June 2024 and the 10th U.S. Circuit Court of Appeals in September 2025 both ruled against Catholic plaintiffs seeking exemptions from Colorado's preschool program's nondiscrimination requirements
• ▪St. Mary Catholic Parish, the Archdiocese of Denver, two parents, and affiliated Catholic preschools sued Colorado over requirement agreements to participate in the state's universal preschool program

Legal briefs supporting Colorado

• ▪Constitutional scholars backing Colorado argued in a Supreme Court brief that the First Amendment's Free Exercise Clause forbids laws targeting religion rather than requiring religious exemptions
• ▪Advocacy groups backing Colorado, including the ACLU, told the Supreme Court in a filing that the state's preschool funding program is neutral toward religion

Colorado preschool program rules

• ▪Colorado's universal preschool law requires participating public and private preschools to offer equal enrollment opportunities regardless of sexual orientation, gender identity, race, or religious affiliation
• ▪Colorado voters approved a 2020 ballot measure establishing a state-funded universal preschool program providing 15 hours per week of state funding for participating children, beginning in the 2023-2024 school year

Catholic enrollment policies and doctrines

• ▪The Catholic Church catechism defines marriage strictly as a union between a man and a woman, opposes transgender self-identification, and states that homosexual acts are intrinsically disordered
• ▪The Archdiocese of Denver oversees 34 Catholic preschools and maintains an enrollment policy admitting only students from families who support Catholic religious teachings on marriage and biological sex

Employment Division v. Smith precedent

• ▪In the 1990 decision Employment Division v. Smith, the Supreme Court ruled that neutral laws of general applicability do not violate the First Amendment even if they burden religious exercise
• ▪In agreeing to hear St. Mary Catholic Parish v. Roy, the Supreme Court declined to consider formally overruling its 1990 decision in Employment Division v. Smith

Carson v. makin precedent

• ▪Supreme Court Justice Sonia Sotomayor dissented in the 2022 Carson v. Makin decision, arguing that the ruling turned separation of church and state into a constitutional violation
• ▪In the 2022 Carson v. Makin decision, the Supreme Court ruled 6-3 that excluding religious schools from Maine's state tuition assistance program violated the First Amendment Free Exercise Clause