Supreme Court to Hear Catholic Preschools’ Religious Discrimination Claim in Colorado

The U.S. Supreme Court has scheduled oral argument for Nov. 3 on a case brought by Catholic preschools in Colorado. The schools argue that the state’s universal preschool program forces them to violate their religious beliefs by requiring them to accept all children, including those from LGBTQ families.

Colorado’s universal preschool program offers up to 15 hours of free preschool per week to eligible families. To join, schools must meet state standards and sign a nondiscrimination agreement that bars refusal of enrollment based on race, religion, sexual orientation, gender identity, and other protected categories. While faith‑based schools may give enrollment preference to families of the same faith, they cannot turn away LGBTQ families.

Legal Background and Lower‑Court Ruling

The plaintiffs – the Archdiocese of Denver, two Catholic parishes with preschools and two parents – sued, claiming the nondiscrimination requirement is a First Amendment violation. The 10th U.S. Circuit Court of Appeals upheld Colorado’s policy, saying the rule is neutral, generally applicable, and does not target religion. The court cited Employment Division v. Smith and noted that Colorado does not exclude religious preschools from the program.

Issues Before the Supreme Court

Justices will consider two questions. First, how far the Court’s 2022 decision in Carson v. Makin extends – whether Colorado’s refusal to grant a religious exemption violates that precedent. Second, whether the nondiscrimination rule fails the “general applicability” test from Smith because it treats comparable secular activity more favorably than religious exercise.

What This Means for Parents and Preschools

If the Court sides with the preschools, Colorado may have to create a religious exemption, allowing faith‑based schools to limit enrollment based on religious doctrine. That could affect families seeking a preschool that aligns with their values, as well as LGBTQ families who might face exclusion. No immediate deadline is set, but the outcome could change enrollment policies for all participating preschools.

When to Seek Legal Help

Parents or school administrators who are uncertain about their rights under the current program, or who anticipate changes after the Supreme Court decision, should consider consulting an attorney to understand potential impacts and to protect their interests.

This article is general information based on SCOTUSblog and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 29, 2026.