US Supreme Court hears Catholic preschool case: a clash of religious freedom and LGBTQ rules
On November 3 the Court heard the Colorado Catholic preschools case. The schools call their exclusion from the state program religious discrimination; Colorado says the rules apply to everyone. A decision is expected by summer.
The US Supreme Court heard oral argument on November 3, 2026, in a religious-discrimination challenge brought by Catholic preschools in Colorado (St. Mary Catholic Parish v. Roy). The case could reshape the relationship between religious freedom and anti-discrimination laws.
What the dispute is about
The Archdiocese of Denver and Catholic parish schools argue that their exclusion from Colorado's universal preschool program is religious discrimination that violates the First Amendment, because the state will not exempt them from rules requiring programs to admit all children — including LGBTQ children and children with LGBTQ parents.
The schools' condition
Before enrolling a child, parents must sign a “Community Beliefs and Commitments” statement. It asks families to display a positive and supportive attitude toward the Catholic Church and its teachings, including its stances against abortion and same-sex marriage.
Colorado's position
Colorado counters that the Catholic preschools “remain welcome to participate in” the universal preschool program. The state maintains that religious institutions receiving public funding must follow the same rules as other providers.
The program and what's next
Under Colorado's universal preschool program, families can receive up to 15 hours of free preschool per week at participating schools. A decision in the case is expected by summer.
