Supreme Court Hears Catholic Preschools' Case Against Colorado on Election Day
Two parish schools say the state shut them out of universal pre-K for following church teaching on sex and gender. Arguments are Nov. 3.
The U.S. Supreme Court will hear arguments Nov. 3 in St. Mary Catholic Parish v. Roy, a case that could decide whether states may attach conditions to public money that flows to religious schools, Chalkbeat reports.
Two Catholic preschools in the Denver suburbs, St. Mary Catholic Virtue School in Littleton and Wellspring Catholic Academy in Lakewood, along with the parishes that run them, wanted to join Colorado’s universal preschool program. Participating schools must agree not to discriminate on eight characteristics, including sexual orientation and gender identity. The Catholic schools asked for an exemption on those two so they could operate according to church teaching. The state refused, and two lower courts ruled for Colorado. The Becket Fund for Religious Liberty represents the parishes.
The cost to families is concrete. Parent plaintiff Lisa Sheley testified that her family would have saved about $4,700 a year if her child’s preschool had been part of the program. The schools argue Colorado has identified no family that wants a Catholic preschool but objects to Catholic teaching, and that the state is forcing Catholic families to choose between their faith and a free benefit everyone else gets. They also ask the Court to revisit Employment Division v. Smith (1990).
Colorado says its rules apply equally to every participating preschool and do not single out religion. School-choice group EdChoice filed a brief supporting the parishes, arguing the state showed “denominational favoritism” by admitting religious schools whose beliefs match its rules while excluding Catholic ones.
Why it matters. Carson v. Makin (2022) held that states cannot exclude religious schools from programs open to secular private schools. This case asks whether states can get around that by writing rules that only some faiths can accept. The answer will shape school choice programs across the country.
The other side. Colorado and its supporters, including the National Women’s Law Center, argue the rules govern admissions, not what religious schools teach, and that public money should not fund discrimination, especially in rural areas with few preschool options.
Open questions. Whether the Court revisits Smith, and how a ruling would affect voucher and education savings programs in other states.
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