The Supreme Court has agreed to decide whether Colorado can exclude Catholic preschools from the state’s universal pre-K program because they will not agree to accept children with same-sex parents.
Judges announced Monday they will take up a lawsuit that says Colorado’s stance violates the religious freedom rights of Catholic schools. Debate on the matter is likely to take place in the autumn.
Colorado officials have emphasized that their program intentionally includes faith-based preschools, but that they must comply with state anti-discrimination laws, including laws prohibiting discrimination against LGBTQ people.
A federal district court judge in Denver and the 10th Circuit Court of Appeals rejected the Catholic preschools’ arguments, concluding that the state had the right to refuse to exempt those schools from anti-discrimination requirements.
Trump administration is Supporting Catholic Preschools in the Fight and described the lower courts’ decisions as “deeply problematic.”
Religious liberty advocates supporting Catholic preschools asked the Supreme Court to use the case, St. Mary’s Catholic Parish vs. Roy, to dismiss A historic decision of 1990 Found that states can enact “neutral, generally applicable” laws that interfere with religiously motivated practices without violating the First Amendment.
However, in I order on Monday","Add":{"Target": :"New","Property":(),"url": :"https://www.supremecourt.gov/orders/courtorders/042026zor_h315.pdf","_Identification": :"0000019d-ab8b-da2c-adbf-af9fc48e000c","_Type": :"33ac701a-72c1-316a-a3a5-13918cf384df"},"_Identification": :"0000019d-ab8b-da2c-adbf-af9fc48e000d","_Type": :"02ec1f82-5e56-3b8c-af6e-6fc7c8772266"}”>Its order mondayThe Supreme Court indicated that it does not plan to consider overturning that decision, Employment Division v. Smith. Instead, the justices indicated they would fight the issue of whether the state is required to grant Catholic preschools an exemption to the waivers and flexibilities in the Colorado program.
A 1990 high court decision limiting the government’s duty to offer religious accommodation was widely unpopular among lawmakers, who passed a law, the Religious Freedom Restoration Act, to overturn it three years later. However, The Supreme Court ruled in 1997 RFRA’s broad protections for religious exercise do not apply to state and local governments.
Colorado voters approved a universal pre-K program in 2020 by 68 percent to 32 percent. Using money from new taxes on tobacco products, the system pays tuition for all four-year-olds to attend 15 hours of preschool per week.
