Supreme Court Takes Colorado Preschool Case On Religion And LGBT Rules
The Supreme Court will hear St. Mary Catholic Parish v. Roy on Tuesday, November 3, 2026, over whether Colorado can bar religious preschools that limit enrollment from its state preschool program.[1]
The dispute pits the Denver Archdiocese and a group of Catholic families against state officials and voters who approved the program.[1] The Archdiocese says excluding its schools from the program violates the Free Exercise Clause and conflicts with the Court's 2022 Maine tuition-assistance decision.[1]
Colorado's 2020 voter-approved universal preschool program reimburses families for 15 hours per week, worth more than $6,000 annually per child. Program rules require participating preschools to offer equal enrollment regardless of religion, sexual orientation, or gender identity. The Archdiocese says it cannot meet that condition, and none of its 34 Catholic preschools currently participate because they declined the nondiscrimination requirement.[1]
The case will test whether the Court's Maine decision controls here and how far states may attach nondiscrimination conditions to public benefit programs.[1]
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📌 Key Facts
- On Tuesday, November 3, 2026, the Supreme Court is scheduled to hear St. Mary Catholic Parish v. Roy.
- Colorado’s 2020 voter-approved universal preschool program reimburses families for 15 hours per week, worth more than $6,000 annually per child.
- Program rules require participating preschools to offer equal enrollment regardless of religion, sexual orientation, or gender identity, a condition the Denver Archdiocese says it cannot meet.
- The Archdiocese and Catholic families argue exclusion from the program violates the Free Exercise Clause and conflicts with the Court’s 2022 Maine tuition-assistance decision.
- None of the 34 Catholic preschools under the Denver Archdiocese currently participate in Colorado’s universal preschool program because they declined to accept the nondiscrimination condition.
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