The Supreme Court’s conservative majority recently demonstrated support for Catholic preschools claiming exclusion from Colorado’s taxpayer-funded program violates religious rights. At the heart of the issue is whether denying admission to children of LGBTQ+ parents by these private institutions breaches state anti-discrimination laws, thereby forfeiting public benefits.
This marks another significant religious rights case from Colorado reaching the Supreme Court in recent years. During a two-hour session, the justices weighed religious liberty against equal opportunity for gay and lesbian parents.
Justice Sonia Sotomayor questioned the exclusion of LGBTQ+ families from Catholic schools, prompting discussion on choice and public subsidy availability despite differing beliefs. Justice Brett Kavanaugh argued the state’s actions support an unconstitutional conformity, suggesting a compromise for both religious and LGBTQ+ parental rights.
Colorado’s Universal Preschool Program (UPK) was established in 2020, providing funds to schools with an inclusive enrollment mandate. Two Catholic parishes object to this mandate, claiming it targets their beliefs about same-sex marriage and seek exemptions, citing religious discrimination.
The state defends the program’s neutral application, offering a $6,300 annual benefit per child funded by a tobacco tax, while maintaining non-discrimination requirements. The Supreme Court is reassessing Colorado’s policy and its potential impact on religious practices.
The First Amendment prohibits laws impeding religious practice. Historically, the Supreme Court emphasized church-state separation but shifted focus to religious institution support for free exercise claims under Justice Samuel Alito’s leadership.
Oral arguments highlighted ideological divisions. Conservative justices stressed religious discrimination, while liberal justices focused on precedents ensuring equal treatment. Chief Justice John Roberts challenged both sides, noting previous rulings addressed laws implicitly discriminating against religious schools, unlike the current dispute.
St. Mary Catholic School, among the plaintiffs, argues exclusion from the preschool program burdens families seeking Catholic education. Erika Nagle, a parent, expressed frustration with exclusion due to religious beliefs, highlighting financial strains on families.
The Becket Fund for Religious Liberty represents the plaintiffs, citing enrollment decline and school closures due to state policies. The state argues religious schools remain involved in the program if they comply with uniform conditions.
The case, St. Mary Catholic Parish v. Roy (25-581), is pending a ruling by next spring.
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