Colorado’s preschool program forces Catholic schools to choose between state funding and their faith, as the Supreme Court prepares to defend religious liberty against government overreach.
Story Highlights
- Supreme Court accepts St. Mary Catholic Parish v. Roy, challenging Colorado’s nondiscrimination rules that exclude faith-based preschools from universal funding.
- Catholic preschools sought exemptions to align admissions with teachings on sexual orientation and gender identity but were denied.
- U.S. Solicitor General supports plaintiffs, emphasizing federal interest in free exercise protections.
- Case tests precedents like Carson v. Makin, potentially expanding religious exemptions in school choice programs nationwide.
Case Origins and Timeline
Colorado launched its Universal Preschool Program in 2023, a $349 million initiative offering tuition-free preschool to 4-year-olds at over 2,000 providers serving 40,000 children. St. Mary Catholic Virtue School in Littleton and Wellspring Catholic Academy in Lakewood applied to participate. Both requested exemptions from the program’s nondiscrimination agreement, which covers sexual orientation and gender identity. The Colorado Department of Early Childhood denied the requests, citing uniform rules for all providers. The Archdiocese of Denver, parishes, and Catholic parents filed suit in August 2023, arguing First Amendment violations.
Lower Court Ruling and Appeal
The U.S. Court of Appeals for the 10th Circuit ruled on September 30, 2024, upholding Colorado’s policy as neutral and generally applicable under Employment Division v. Smith. Judges found no religious hostility, praising the program as a model for states. The Becket Fund for Religious Liberty appealed to the Supreme Court on November 13, 2024. U.S. Solicitor General D. John Sauer filed an amicus brief on January 30, 2025, backing the preschools and stressing the government’s interest in free exercise. The Supreme Court added the case to its spring 2026 docket, with oral arguments pending.
Legal Arguments and Precedents
Plaintiffs argue Colorado punishes faith-based preschools for adhering to Catholic beliefs, defying Supreme Court rulings in Carson v. Makin (2022), Espinoza v. Montana (2020), and Trinity Lutheran Church v. Comer (2017). These cases prohibit excluding religious entities from public benefits due to their faith practices. Colorado counters that rules apply equally, with no exemptions even for low-income or disabled children. Only 40 of over 2,000 participating preschools are religious; the plaintiffs never joined due to the dispute. The conservative Supreme Court majority may extend protections to early childhood education.
Stakes for Families and Policy
A ruling for the preschools would require Colorado to grant exemptions or alter its policy, affirming religious autonomy in admissions. Religious families gain better access to funded preschool without compromising values. LGBTQ families might face restricted options at faith-based sites. Nationally, the decision could mandate exemptions in school choice programs, influencing cases in Maine and Utah. States enforcing nondiscrimination in funded education face limits, challenging “neutral” policies that burden faith. Both conservatives valuing religious liberty and others frustrated with elite-driven government overreach see this as a test of founding principles.
Broad Implications in 2026 Context
Under President Trump’s second term with GOP congressional control, this case highlights persistent tensions despite federal shifts toward America First priorities. Democrats obstruct, but the Supreme Court’s conservative bench offers hope against state-level erosions of liberty. Frustrations unite left and right: government favors elites over citizens pursuing the American Dream through hard work. A victory reinforces limited government and individual rights, countering woke mandates that prioritize ideology over faith and family.
Sources:
St. Mary Catholic Parish v. Roy – Religious Freedom Institute
Supreme Court Weighs Colorado Pre-K Religious Liberty Challenge – Law Week Colorado
Catholic Parents and Preschools Ask Supreme Court for Equal Treatment – Becket Fund
Catholic preschools appeal to SCOTUS in Colorado case – CPR
Federal appeals court rules against Catholic preschools in LGBTQ rights case – Chalkbeat Colorado
