The U.S. Supreme Court on Tuesday signaled a likely victory for religious institutions in the Colorado universal preschool lawsuit, as the conservative majority questioned the state's decision to exclude Catholic schools from a taxpayer-funded program. The case, St. Mary Catholic Parish v. Roy, centers on whether the state can require faith-based providers to abandon their religious enrollment criteria in exchange for participating in a public benefit program.
At the heart of the conflict is a nondiscrimination mandate that requires all participating preschools to offer an "equal opportunity" to every child, regardless of factors such as religion, sexual orientation, or gender identity. The Archdiocese of Denver, which manages 34 Catholic preschools, argues that this requirement effectively bars them from the program because they prioritize families whose lives align with Catholic teachings on marriage and identity.
The Legal Conflict Over the Universal Preschool Program
Colorado launched its universal preschool program after voters approved a ballot measure in 2020. The initiative aims to provide free preschool to all 4-year-olds in the state, offering approximately 15 hours of funded instruction per week. This benefit is valued at more than $6,000 per year per child.
To manage the rollout, the state utilizes a mixed-delivery system that includes:
* Public schools
* Private secular schools
* Faith-based providers
* Community-based centers
While the program is intended to be widely available, the state requires all participants to sign a contract agreeing to specific nondiscrimination rules. When the Archdiocese of Denver requested an exemption to maintain its religious standards for enrollment, Colorado officials denied the request. The state maintained that no provider should be allowed to discriminate against families based on state statutes. This led the Archdiocese, two parishes, and a local family to file suit, claiming a violation of the First Amendment's Free Exercise Clause.
Supreme Court Justices Debate the Nondiscrimination Rule
During two hours of oral arguments on Tuesday, the court's 6-3 conservative majority appeared skeptical of Colorado’s position. Several justices suggested that the state's rules were designed in a way that inherently targeted religious institutions.
Justice Amy Coney Barrett questioned whether the state was intentionally creating conditions that faith-based schools could never meet. She noted that the mandate could effectively "push out" schools that hold traditional religious beliefs. Similarly, Justice Brett Kavanaugh questioned why the state would not seek a compromise, noting that with over 2,000 preschools in the program, there are ample options for families without forcing the 34 Catholic schools to change their religious practices.
Justice Samuel Alito pointed to Colorado’s recent history of litigation at the Supreme Court. He referenced previous cases involving a Christian baker and a website designer where the state also lost on religious liberty grounds, asking what the court should conclude from this recurring pattern of legal disputes.
Arguments for State Neutrality and Equality
Representing the state, Colorado Deputy Solicitor General Helen Norton argued that the program is open to all who follow the same rules. She emphasized that religious schools are still free to teach their theology while receiving public funds, provided they do not turn away families based on protected characteristics. According to state estimates, roughly 40,000 children are eligible for the program, and the state's goal is to ensure every child has access to any participating facility.
However, the court’s liberal wing expressed concerns that the Archdiocese is seeking a status that goes beyond equal treatment. Justice Elena Kagan noted that while states cannot treat religious groups worse than secular ones, the question here is whether the state is being asked to treat them better. Justice Ketanji Brown Jackson suggested that the schools were seeking a "special rule" that would permit them to use public money while excluding certain families based on sexual orientation or gender identity.
Future Implications for Religious Liberty
The outcome of St. Mary Catholic Parish v. Roy could further expand the rights of religious organizations to access public funding. In recent years, the Supreme Court has consistently ruled in favor of religious groups in cases involving state benefits. A ruling in favor of the Archdiocese would likely set a new precedent for how states can apply nondiscrimination laws to faith-based organizations participating in public-private partnerships.
For now, the 34 Catholic preschools overseen by the Archdiocese of Denver remain outside the state's funded system. If the court sides with the schools, it could open the door for thousands of additional families to use state funds at the religious institutions of their choice.
Frequently Asked Questions
What is the Colorado universal preschool lawsuit about?
It is a legal challenge by the Archdiocese of Denver against Colorado's requirement that religious preschools must follow state nondiscrimination rules regarding sexual orientation and gender identity to receive state funding.
Why are Catholic schools suing Colorado over the preschool program?
The schools argue that the state's mandate violates their First Amendment rights by forcing them to choose between their religious enrollment standards and participating in a public benefit program that provides $6,000 per child.
How many schools are affected by the St. Mary Catholic Parish v. Roy case?
The case specifically involves 34 Catholic preschools overseen by the Archdiocese of Denver, though the ruling will impact how Colorado manages its 2,000 total preschool providers in the universal program.