Supreme Court To Hear Colorado Catholic Preschools' Challenge To LGBTQ Nondiscrimination Rules
The Supreme Court will hear this fall a challenge to Colorado's rule that religious preschools follow LGBTQ nondiscrimination rules to join its funded preschool program. The appeal was brought by St. Mary Catholic Parish and the Archdiocese of Denver after Catholic preschools said they would not enroll children of same-sex couples. Colorado says participation in the universal preschool program is conditioned on following state nondiscrimination laws that protect LGBTQ families.
The Court formally granted the appeal and set the case for argument in the fall term. Justices agreed to consider narrowing the 1990 decision in Employment Division v. Smith but rejected a broader bid to overturn it entirely. The Republican Trump administration filed a brief supporting the preschools' appeal, adding Washington's backing to what is already a politically charged fight. Social posts across platforms amplified both support and criticism, reflecting how polarizing the case is on public feeds.
Early coverage often framed the case as a general religious liberty dispute over curriculum and staffing. Newer reporting has stressed the preschools' explicit refusal to enroll children of same-sex couples and the state's interest in LGBTQ-inclusive rules. The New York Times and PBS drove this shift by detailing the enrollment policy and the Court's possible move to narrow the Smith precedent.
đ Key Facts
- Catholic preschools at issue expressly refuse to enroll children of same-sex couples while seeking to participate in Colorado's universal preschool program.
- Colorado conditions participation in its publicly funded universal preschool on compliance with state nondiscrimination rules that protect LGBTQ+ families and children, and the state says religious schools may join the program only if they follow those laws.
- The dispute is framed as a direct clash between religious schools' asserted right to set admissions based on their beliefs and the state's interest in enforcing LGBTQ-inclusive nondiscrimination in taxpayer-funded preschool.
- The Supreme Court formally granted the appeal from St. Mary Catholic Parish, joined by the Archdiocese of Denver, and scheduled the case to be heard in the Court's fall term.
- The justices agreed to consider narrowing a 1990 precedent written by Justice Antonin Scalia (the peyote decision) but declined the schools' and a Catholic family's broader request to overturn it entirely.
- The Republican Trump administration explicitly filed in support of the preschools' appeal.
đ° Source Timeline (4)
Follow how coverage of this story developed over time
- Catholic preschools at issue expressly refuse to enroll children of same-sex couples while seeking to participate in Colorado's universal preschool program.
- Colorado conditions program participation on compliance with nondiscrimination rules that protect LGBTQ families, prompting the legal challenge.
- The case is framed as a direct clash between religious schools' claimed right to set admissions based on their beliefs and the state's interest in enforcing LGBTQ-inclusive nondiscrimination in publicly funded preschool.
- The Court formally granted the appeal from St. Mary Catholic Parish, joined by the Archdiocese of Denver, and set the case to be heard in the fall term.
- Colorado asserts that religious schools may join the universal preschool program but must follow state nondiscrimination laws, including protections for LGBTQ+ families and children.
- The justices agreed to consider narrowing the 1990 peyote decision written by Justice Antonin Scalia but declined a broader request from the schools and a Catholic family to overturn it entirely.
- The article notes explicit support for the appeal from the Republican Trump administration.