The Supreme Court steps in to protect Catholic preschools from Colorado’s exclusionary rules that force faith-based schools to abandon their religious principles for public funds, exposing a deep rift in American freedoms.
Story Highlights
- Supreme Court granted certiorari on April 20, 2026, in St. Mary Catholic Parish v. Roy, challenging Colorado’s bar on Catholic preschools in the Universal Preschool Program.
- Catholic schools seek exemptions from nondiscrimination rules on sexual orientation and gender identity to maintain faith-based admissions while accessing taxpayer funds.
- Trump Administration backs the schools, calling lower court rulings “deeply problematic,” aligning with religious liberty priorities.
- Lower courts unanimously upheld Colorado’s stance, praising it as a “model,” but Supreme Court review signals potential reversal.
- Decision could reshape religious participation in public programs nationwide, balancing faith and civil rights.
Case Origins and Timeline
St. Mary Catholic Parish in Littleton and St. Bernadette Catholic Parish in Lakewood filed suit against Colorado in August 2023, represented by the Becket Fund for Religious Liberty. A federal district court upheld the exclusion in January 2024. The Tenth Circuit unanimously affirmed in September 2025, distinguishing the case from prior precedents by noting uniform nondiscrimination rules applied to all preschools. Catholic preschools appealed in November 2025. The Supreme Court granted review on April 20, 2026, with oral arguments set for fall 2026.
Colorado’s Universal Preschool Program
Colorado voters approved the Universal Preschool Program in 2020 with 68% support, funded by tobacco taxes. It offers parents about $6,000 per child for 15 hours of weekly preschool at public or private providers, including faith-based ones. State rules bar participants from denying admission based on sexual orientation, gender identity, or other factors. Catholic preschools, eager to join initially, refused to comply, as their policies require family support for Catholic faith and staff adherence to teachings on sexual ethics.
Stakeholders and Positions
The Archdiocese of Denver oversees 34 Catholic preschools and views them as church ministry extensions needing religious integrity. Becket Fund calls Colorado’s actions discrimination punishing faith-based operations. Colorado defends inclusive access for all children, welcoming religious providers under the same rules. The Trump Administration supports the plaintiffs, criticizing lower rulings. Catholic families seek funded access to preferred schools, while LGBTQ+ groups worry about exemptions eroding protections.
Power dynamics favor Catholic schools with federal backing, challenging Colorado’s equal-access mandate amid broader debates on public funds and faith.
Potential Impacts and Broader Debate
A win for Catholic schools enables program participation without altering admissions, aiding Colorado families. Colorado might grant exemptions or exclude faith-based providers, affecting other states’ designs. Long-term, the ruling shapes religious exemptions in public benefits, influencing education, healthcare, and social services. It tests whether “universal” programs truly include all or penalize religious selectivity, echoing frustrations with government overreach on both political sides.
Sources:
U.S. Supreme Court Agrees to Hear Colorado Universal Pre-K Case
Supreme Court to hear clash between Catholic preschools, Colorado over universal program
Supreme Court to weigh in on challenge to Colorado pre-K program
Supreme Court takes up Catholic schools’ religion case in Colorado
