Supreme Court to Hear Colorado Catholic Preschools' Challenge Nov. 3

WASHINGTON —

The U.S. Supreme Court is set to hear arguments Nov. 3 in St. Mary Catholic Parish v. Roy, a case asking whether a state can require religious preschools to accept its nondiscrimination rules in order to take part in a publicly funded program.

Colorado's universal preschool program for 4-year-olds, started about four years ago, requires participating schools to agree not to discriminate on eight characteristics, including sexual orientation and gender identity.

Two Catholic parish preschools, St. Mary Catholic Virtue School in Littleton and Wellspring Catholic Academy in Lakewood, asked for an exemption from those two categories, saying the rules conflict with Catholic teaching on sex and gender. The state refused. The parishes and several parents sued, represented by the Becket Fund for Religious Liberty. Two lower courts ruled against them.

Colorado argues its rule is a neutral law that applies to everyone, the standard set in the 1990 case Employment Division v. Smith. The preschools say the rule fails that test and ask the justices to reconsider Smith. They also point to Carson v. Makin (2022), in which the Court held that states may not shut religious schools out of programs open to other private schools.

“Colorado hasn't pointed to actual families who oppose the teachings of the Catholic Church,” said Nick Reaves of the Becket Fund, as reported by Chalkbeat.

On the other side, Patrick Cremin of the Education Law Center told Chalkbeat, “If the preschools prevail, the state is going to be forced to fund that type of discrimination.”

Dozens of other religious preschools have joined the program and accepted its rules. One parent in the case, Lisa Sheley, testified her family would have saved about $4,700 a year if her child's preschool had been in the program.

A decision is expected by the end of the Court's term next summer.