The U.S. Supreme Court on Monday agreed to hear a case over whether Colorado can require religious preschools to comply with state nondiscrimination rules as a condition of participating in the state’s taxpayer-funded universal preschool program.
The case, St. Mary Catholic Parish v. Roy, centers on the Colorado program, which offers state-funded access to early education but requires participating providers to agree that children have an equal chance to enroll “regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level or disability.”
The Archdiocese of Denver and two Catholic preschools argue that the requirement conflicts with their religious beliefs and effectively bars them from participating.
In court filings, the preschools argue the state “cannot constitutionally exclude children from a ‘universal’ preschool benefits program solely because they attend Catholic preschools,” which have faith-based admissions standards that conflict with the state’s mandate.
A federal district court previously ruled that the state erred in allowing certain limited exemptions while denying similar treatment to the Catholic schools, but the U.S. Court of Appeals for the 10th Circuit largely upheld the program, leaving the nondiscrimination requirement in place.
The Supreme Court is expected to hear arguments in the fall.
“Colorado promised free preschool for all, then slammed the door on families who chose a religious education for their children,” said Nicholas Reaves, senior counsel at the Becket Fund for Religious Liberty. “After three losses in religious freedom cases at the Supreme Court, Colorado should know better.”
“The Supreme Court has repeatedly held that states cannot exclude families from government benefits because of their faith,” he stated. “We’re confident the court will say the same thing here and put a stop to Colorado’s no-Catholics-need-apply rules.”
Advocates said the case could clarify whether states can impose nondiscrimination rules that override religious practices as a condition for receiving public funds.
“Using public funds and benefits to discriminate against religious schools is unconstitutional—period,” said Nathan Diament, executive director of the Orthodox Union Advocacy Center. “On the 250th birthday of the United States, we need to recommit to our founding priorities. It doesn’t matter if you’re Catholic, Jewish, Muslim or any other faith denomination, OU Advocacy will defend religious liberty in America as an essential democratic value.”
