Supreme Court Likely to Favor Catholic Preschools in Colorado Universal Preschool Legal Battle

POLICY WIRE — Washington, D.C. — The Supreme Court signaled on Tuesday that it will likely support Catholic preschools currently fighting against Colorado’s refusal to grant them exemptions from nondiscrimination requirements within the universal preschool initiative.

The legal conflict, entitled as St. Mary Catholic Parish v. Roy, centers on a mandate requiring all participating schools to offer equal enrollment opportunities to children regardless of factors such as race, religion, sexual orientation, or gender identity.

During the initial development phase of the program, the Archdiocese of Denver—which manages 34 Catholic preschools—requested an exemption from these rules. The organization explained that it only admits families who adhere to Catholic Church doctrines regarding marriage, family, and sexual identity.

Colorado officials rejected the accommodation request, asserting that the schools are not permitted to discriminate against families or children in ways that violate state law.

In response, the Archdiocese, two of its parishes, and a family filed a lawsuit claiming that being barred from the universal preschool program violates the Free Exercise Clause of the Constitution.

Previous court rulings found in favor of the state, determining that the provisions regarding gender identity and sexual orientation are neutral and apply equally to all providers seeking participation in the program.

However, during a two-hour argument session on Tuesday, the court’s conservative majority seemed to lean toward a victory for the religious institutions. Such a ruling would follow a recent trend of decisions where the 6-3 conservative majority has protected religious groups from exclusion from state-funded benefits, potentially increasing public funding for religious education.

Several conservative justices expressed recurring concerns that the nondiscrimination policy might serve as a hidden mechanism to exclude religious organizations from the universal preschool system.

Justice Amy Coney Barrett questioned the state’s representative, asking if the rule was effectively a way to keep religious entities out of the program. The nondiscrimination rule was effectively a back-door way to keep religious entities out of the universal preschool program, she noted.

Justice Kavanaugh also pressed the state on the nature of the requirements, asking if the state agrees that the mandate prevents religious schools from participating. Is it effectively a way to keep religious entities out of the universal preschool program?” he asked the state’s deputy general.

Justice Alito referenced the court’s history of protecting religious institutions from being denied state benefits, questioning the state’s refusal to allow exceptions for religious schools.

Reporting by Policy-Wire (PW)