The case reflects the Supreme Court’s recent pattern of siding with religious liberty claims over civil-rights protections, a trend that has produced significant victories for those seeking exemptions from general laws based on religious grounds.
The Supreme Court on Monday agreed to hear a case from two Colorado Catholic preschools challenging their exclusion from the state’s taxpayer-funded universal preschool program because they refuse to admit children from LGBTQ+ families. The case, brought by St. Mary Catholic Parish and the Archdiocese of Denver, marks the latest religious-liberty dispute before the conservative-majority court, with backing from the Trump administration. The schools argue Colorado violates their constitutional rights to operate according to their faith, while the state says religious schools are welcome to participate if they comply with nondiscrimination laws.
Colorado Preschool Program Opens Access Question
The Colorado universal preschool program, created by voters in 2020, provides public funding for families to choose participating schools. Colorado allows schools to prioritize enrollment for children with disabilities or from low-income families, but says schools that receive public funding must comply with state nondiscrimination laws.
The Catholic schools contend this creates an unconstitutional double standard. “The Supreme Court has repeatedly held that states cannot exclude families from government benefits because of their faith,” said Nicholas Reaves, senior counsel at the Becket Fund for Religious Liberty, which represents the schools. “We’re confident the Court will say the same thing here and put a stop to Colorado’s no-Catholics-need-apply rules.”
Colorado’s response rests on the distinction between excluding families and requiring schools that accept public funds to treat all applicants equally regardless of sexual orientation or family structure. The schools do not dispute that they can receive public funding; they dispute the condition attached to it.
The 1990 Peyote Precedent Under Scrutiny
At issue is a landmark 1990 Supreme Court decision that has long constrained religious liberty claims, and the justices will consider whether to narrow it. In that decision, the Court ruled that religious practices do not exempt people from complying with laws that apply to everyone, even if those laws substantially burden religious practice. The ruling came in a case about the use of peyote in American Indian Church ceremonies.
The schools and their supporters asked the Court to overturn that precedent entirely, but the justices declined to take that step. Narrowing the rule, however, could have broader implications for religious exemption claims across American law.
A Widening Pattern
The Colorado preschool case reflects the Supreme Court’s recent pattern of siding with religious liberty claims over civil-rights protections. Last month, the Court ruled against Colorado’s ban on conversion therapy, siding with a Christian counselor who challenged it. A year earlier, the justices found that parents with religious objections to LGBTQ+-inclusive curriculum could withdraw their children from Maryland public school lessons featuring LGBTQ+ storybooks. In 2022, the Court protected a high school football coach’s right to kneel and pray on the field after games.
The Court also deadlocked on a proposal to create a publicly funded Catholic charter school in another state, with Justice Amy Coney Barrett recusing herself from that case.
The Colorado case will be argued this fall, likely in October.