Supreme Court poised to rule on Colorado preschool rule affecting Catholic schools

The U.S. Supreme Court heard oral arguments on Tuesday in St. Mary Catholic Parish v. Roy, a case that could decide if Colorado must give Catholic preschools a religious exemption from its universal preschool program’s nondiscrimination requirement.

Colorado’s program, launched in 2023, offers up to 15 hours of free preschool per week to families at participating schools. To join, schools must sign a nondiscrimination agreement that bars them from refusing enrollment to children or families based on sexual orientation or gender identity.

What the case challenges

The plaintiffs – the Archdiocese of Denver, two Catholic parishes with preschools and two parents – argue that forcing Catholic schools to accept all children violates the First Amendment. They say the state should carve out a religious exemption so they can still participate in the program.

Both the district court and the 10th Circuit rejected that claim, and the Supreme Court agreed to review the case in April 2026.

Key legal arguments

Representing the challengers, attorney Nicholas Reaves cited the Court’s 2022 decision in Carson v. Makin, which applied strict scrutiny when a state excluded religious schools from public funding. He argued that Colorado’s rule similarly burdens religious exercise.

Colorado Deputy Solicitor General Helen Norton countered that the program is neutral and merely asks all schools to follow the same nondiscrimination standards.

Justices were split. Chief Justice Roberts and Justice Kagan questioned whether Carson applies, noting the Colorado law does not expressly target religion. Justices Gorsuch and Alito seemed more receptive to applying strict scrutiny, while Justice Barrett asked why the state can impose a condition it knows religious schools cannot accept.

What this means for families and schools

If the Court rules in favor of the Catholic preschools, Colorado may have to create a religious exemption, allowing those schools to opt out of the LGBTQ‑inclusion requirement while still receiving state funding. That could reduce the number of seats available to families in the universal program.

Conversely, a ruling for the state would keep the current rule in place, meaning all participating preschools must accept every eligible child, regardless of sexual orientation or gender identity.

Parents with children in the program should monitor the case’s outcome, as it could affect enrollment options and the availability of free preschool slots.

When to seek legal help

Families or school administrators who are unsure how a potential ruling might impact their rights or obligations should consider consulting an attorney, especially if they face enrollment decisions or compliance questions.

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 November 3, 2026.