By Fatma Younis
The US Supreme Court will hear arguments Tuesday in a challenge by two Catholic preschools in Colorado seeking admission to the state's free preschool program despite their policy of rejecting children with LGBTQ+ parents.
Case background
The case, St Mary Catholic Parish v Roy, could reshape the relationship between religious freedom and nondiscrimination laws in the United States.
State requirements
The preschools claim they were shut out of a 2023 state funding program that provides 15 hours per week of state-funded preschool. Colorado says the schools are welcome to participate if they agree to the same equal-opportunity requirements that apply to all publicly funded preschools, including non-discrimination based on sexual orientation, gender identity, race, ethnicity, religious affiliation, disability, income level, or housing status.
Religious freedom claims
The plaintiffs argue that making funding contingent on accepting that agreement amounts to unlawful religious discrimination under the First Amendment's guarantee of religious freedom.
Lower court ruling
A lower appeals court ruled for the state but acknowledged previous Supreme Court rulings that states cannot categorically withhold funds from religious institutions. The lower court said those rulings do not apply because Colorado did not exclude religious preschools and actively solicited their participation.
Archdiocese and amicus briefs
The Archdiocese claims the state allows participating preschools to discriminate in favor of LGBTQ families and other groups such as gender-nonconforming children and children of color. Nicholas Reaves, counsel at the Becket Fund for Religious Liberty, said Colorado denied families the ability to use funding at Catholic preschools simply because of religious beliefs the state dislikes.
In an amicus brief, the US Conference of Catholic Bishops argues Colorado disqualified the preschools solely because of their adherence to Catholic doctrine, warning the decision could embolden other states to discriminate against religious adherents through ostensibly neutral statutes.
