WASHINGTON, November 3, 2026 — The Supreme Court heard oral arguments on Tuesday in *St. Mary Catholic Parish v. Roy*, a case testing whether Colorado must exempt Catholic preschools from LGBTQ nondiscrimination rules to receive state preschool funding. A decision by the end of June 2027 could mandate religious exemptions nationwide.
Clash of Constitutional Clauses
The case centers on Colorado’s universal preschool program, approved by voters in 2020, which provides 15 hours of state-funded preschool weekly for 4-year-olds. The program serves over 1,000 providers statewide and roughly 40,000 eligible children. A statute creating the program imposes a nondiscrimination rule requiring participating preschools to provide an “equal opportunity to enroll,” regardless of sexual orientation or gender identity. Catholic preschools, including those overseen by the Archdiocese of Denver, argue that adhering to the rule violates their religious exercise because Catholic doctrine does not recognize same-sex relationships or transgender status. The Archdiocese of Denver, two Catholic parishes with preschools, and two parents are the plaintiffs, represented by the Becket Fund for Religious Liberty.
Colorado Attorney General Phil Weiser defends the program, arguing that all publicly funded schools must follow equal-opportunity requirements. The state writes that Catholic preschools “remain welcome to participate” in the universal preschool program, but if they do, they must be “subject to the same equal-opportunity requirements that apply to all other publicly funded preschools—public and private, secular and religious.”
Conservative Precedent Frames the Debate
The Supreme Court’s 6-3 conservative majority has ruled in recent years that states cannot exclude religious schools from generally available public funding programs, citing *Trinity Lutheran*, *Espinoza*, and *Carson*. The 10th Circuit ruled for Colorado, stating the state may enforce neutral antidiscrimination laws for program participants. However, several conservative justices indicated during the November 3 arguments that Colorado’s refusal to grant an exemption likely violates the Free Exercise Clause. Justice Neil Gorsuch cited a line of recent rulings in which the Supreme Court has paved the way for taxpayer money to flow to religious entities despite Establishment Clause prohibitions. Justice Brett Kavanaugh questioned why compliance was necessary, noting that LGBTQ families have many other preschool options and suggesting the state could have accommodated both religious and LGBTQ rights.
The Trump administration filed a brief supporting the Catholic challengers. Michigan State law professor Frank Ravitch, writing on the NPR report, described the Court’s shift as a “complete shift” from Establishment Clause focus to Free Exercise protection. A ruling in favor of the plaintiffs would join a line of decisions allowing more public dollars to flow to religious schools. A decision is expected by the end of June 2027.
Sources
- Phil Weiser
- Supreme Court hears religious freedom case centered on universal pre-K program
- Court to hear argument in religious discrimination challenge brought by Catholic preschools in Colorado
- Supreme Court to hear religious liberty fight over Colorado's universal preschool program
- Supreme Court hears Catholic challenge to Colorado pre-K rules
- Supreme Court sympathetic to Catholic plea to participate in Colorado preschool program
Photo: Stephen Talas / Unsplash (Unsplash License)
