The U.S. Supreme Court announced on April 20, 2026, that it will consider an appeal from Catholic preschools in Colorado contesting their exclusion from the state’s universal preschool program. The preschools argue that the program’s nondiscrimination policy conflicts with their religious beliefs because it prohibits them from admitting only children whose families adhere to the Catholic Church’s teachings on gender identity and sexual orientation.
Legal dispute over preschool participation
Colorado’s universal preschool program provides up to 15 hours weekly of free preschool for all 4-year-olds in the year before kindergarten, covering public, private, faith-based, and in-home providers statewide. The program includes a nondiscrimination provision requiring equal access irrespective of religion, race, sexual orientation, gender identity, income, or disability.
The Archdiocese of Denver, managing 34 Catholic preschools, requested a religious exemption in February 2023. It sought permission to limit enrollment to families following Catholic teachings, citing concerns that complying with the nondiscrimination rule would force them to act against their sincerely held beliefs. The state’s Department of Early Childhood denied the request, stating that no provider may discriminate under the law.
Lower courts uphold nondiscrimination policy
The Archdiocese, two parishes, and a family filed suit challenging the state’s refusal to grant an exemption, arguing the policy violated the Free Exercise Clause of the First Amendment by not being neutral or generally applicable. They claimed the program forced them to choose between government benefits and religious adherence.
In June 2024, a federal district court ruled against the Catholic preschools, concluding that the preschool program’s nondiscrimination policy is neutral and generally applicable. The 10th U.S. Circuit Court of Appeals unanimously upheld this decision, emphasizing that no preschool participating in the program may consider sexual orientation or gender identity in enrollment decisions. The appeals court praised Colorado’s program as maintaining nondiscrimination laws while accommodating religious beliefs.
Supreme Court’s consideration and broader context
The Catholic plaintiffs’ petition to the Supreme Court argued that the state permits secular exemptions to nondiscrimination rules but excludes religious schools, reducing preschool access and compelling families to choose secular providers aligned with government views on gender and sexuality.
The Trump administration filed a supporting brief, stating the 10th Circuit ruling forces Catholic preschools to forgo public funds if they wish to prefer families aligned with their religious doctrines.
The case, St. Mary Catholic Parish v. Roy, joins a series of recent Supreme Court cases addressing religious entities’ participation in government-funded programs amid debates over the 1990 Employment Division v. Smith decision, though the Court will not reconsider that precedent in this instance.
Why it matters
This case will clarify the extent to which religious organizations can claim exemptions from state nondiscrimination requirements when participating in publicly funded programs. Its outcome may affect similar disputes nationwide where religious beliefs intersect with government regulations on gender identity and sexual orientation.
Background
The 1990 Supreme Court ruling in Employment Division v. Smith held that laws neutral and generally applicable do not violate the Free Exercise Clause even if they burden religious practices. Several conservative justices have expressed interest in overruling Smith, but the Court explicitly declined to address that issue in this case. The decision here will further define the balance between religious freedom and anti-discrimination laws in the context of state-supported education programs.
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