Supreme Court to Hear Colorado Preschool Dispute Involving Catholic School and LGBTQ Policy
The Supreme Court will consider St. Mary Catholic Parish v. Roy in November, a case challenging Colorado’s universal preschool rule that bars a Catholic school because of its stance on LGBTQ children.
On its November calendar, the Supreme Court scheduled St. Mary Catholic Parish v. Roy for oral argument on Nov. 3, confronting whether a Catholic preschool in Littleton can be excluded from Colorado’s universal early-education program because of its opposition to enrolling LGBTQ-identifying children or children of LGBTQ parents. The parish argues the exclusion breaches the First Amendment’s protection against religious discrimination.
Lower courts, including the 10th U.S. Circuit Court of Appeals, have ruled for Colorado, relying on the 1990 Employment Division v. Smith decision that permits neutral laws applied uniformly. Plaintiffs—two Catholic parishes, two Catholic parents and the Catholic Archdiocese of Denver—cite precedents such as Hosanna-Tabor and Mahmoud v. Taylor to support their claim. The state, represented by Lisa Roy, contends the program merely seeks to prevent schools from denying access based on gender identity or sexual orientation. This case appears alongside arguments on prison-official liability, affirmative-action challenges, and a death-row appeal.
Why it matters
The ruling could reshape how religious schools receive public funds while complying with LGBTQ-inclusion requirements.
In this story