Catholic preschools face exclusion from Colorado’s taxpayer-funded preschool program unless they abandon core faith teachings on marriage and sexuality, thrusting religious liberty into the Supreme Court’s crosshairs.
Story Highlights
- Supreme Court hears St. Mary Catholic Parish v. Roy in spring 2026, challenging Colorado’s nondiscrimination rules that bar faith-based providers.
- Two Catholic preschools and the Archdiocese of Denver argue First Amendment violations after lower courts sided with the state.
- U.S. Solicitor General supports plaintiffs, citing federal interest in free exercise protections.
- Case tests precedents like Carson v. Makin, potentially reshaping school choice nationwide.
- Highlights growing bipartisan frustration with government overreach sidelining constitutional rights.
Case Origins and Timeline
Colorado launched its Universal Preschool Program in 2023, a $349 million initiative offering tuition-free preschool to all 4-year-olds. The program serves over 40,000 children through more than 2,000 providers, including about 40 religious preschools. St. Mary Catholic Virtue School in Littleton and Wellspring Catholic Academy in Lakewood sought to participate but refused to sign the state’s nondiscrimination agreement covering sexual orientation and gender identity. The Colorado Department of Early Childhood denied their exemption requests, citing uniform program rules. The Archdiocese of Denver, the parishes, and Catholic parents filed suit in August 2023, claiming exclusion punishes their faith-based admissions policies.
Lower Court Ruling and Appeal
The U.S. Court of Appeals for the 10th Circuit ruled on September 30, 2024, upholding Colorado’s position. Judges found the nondiscrimination policy neutral and generally applicable under Employment Division v. Smith, imposing no religious hostility. 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 emphasizing the federal stake in free exercise rights. The Supreme Court accepted the case, titled St. Mary Catholic Parish v. Roy, for its spring 2026 docket, with oral arguments pending.
Legal Stakes and Precedents
Plaintiffs argue Colorado’s rules defy Supreme Court precedents like Trinity Lutheran v. Comer (2017), Espinoza v. Montana (2020), and Carson v. Makin (2022), which prohibit states from excluding religious entities from public benefits due to their faith practices. The preschools never joined the program, framing the dispute as discriminatory denial of access rather than imposed conditions. Colorado counters that all providers face identical requirements, with no exemptions for anyone. This early childhood education clash tests whether states can condition funding on policies conflicting with religious doctrine, amid a conservative Court majority favoring liberty claims.
Governor Jared Polis praised the 10th Circuit decision, positioning Colorado’s model as exemplary for other states. Critics like the Thomas More Society warn it treats religious convictions as disposable preferences, enabling exclusion from school choice programs under neutrality claims. Both sides acknowledge tensions: the U.S. Solicitor General notes competing interests in religious freedom and anti-discrimination enforcement.
Broader Implications for Families and Policy
A ruling for the preschools could force Colorado to grant exemptions, allowing faith-based admissions while accessing public funds. This expands options for religious families without diluting their values, aligning with America First priorities on parental rights and limited government intrusion. LGBTQ families might face restricted preschool access based on parental characteristics. Nationally, the decision could mandate religious carve-outs in school choice initiatives, influencing pending cases in Maine and Utah, and K-12 funding debates. In Trump’s second term, with GOP congressional control, this reinforces pushback against state overreach Democrats obstruct, echoing shared citizen anger at elite-driven policies eroding founding principles like free exercise.
Frustrations cross party lines: conservatives decry assaults on traditional values, liberals lament welfare constraints, yet both see a federal government prioritizing power over people. This case spotlights how bureaucrats in states like Colorado wield regulations to sideline faith communities from public goods, fueling distrust in institutions more loyal to agendas than the Constitution.
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
