Supreme Court to Review Colorado's Exclusion of Catholic Preschools from Funding Program

The U.S. Supreme Court has granted certiorari in the case St. Mary Catholic Parish v. Roy, according to a report from @zerohedge. The case addresses whether Colorado can exclude Catholic preschools from a state-funded universal preschool program based on their religious admissions and operational policies.

The Court issued an unsigned order earlier this week, with no dissents noted, and limited its review to two questions from the petitioners' November 2025 petition. Arguments in the case are expected during the Court's term beginning in October 2026.

In 2020, Colorado voters approved Proposition EE, which established dedicated funding for a voluntary universal preschool program, as reported by @zerohedge. The state's Early Childhood Act and related rules created the UPK program, providing free preschool hours to families through participating public, private, or faith-based providers.

The program initially offered 15 hours per week and aimed to expand access and choice for families. To receive taxpayer funds, participating preschools must agree to a nondiscrimination policy that ensures equal opportunity for enrollment and services regardless of race, religious affiliation, sexual orientation, gender identity, income, disability, or other protected characteristics.

The program includes some preferences for certain groups, such as children of color, low-income families, those with disabilities, gender-nonconforming children, or families identifying as LGBTQ+.

preschools operated by the Archdiocese of Denver, including St. Mary Catholic Preschool in Littleton and Wellspring Catholic Academy/St. Bernadette’s in Lakewood, incorporate religious formation into their education, according to @zerohedge. These schools require families to support or respect Catholic teachings on faith, morals, sexuality, and gender, including doctrines on biological sex, marriage, and gender identity.

Enrollment policies may also address matters like bathroom use aligned with biological sex. The state determined that these practices violate the program's nondiscrimination requirements, particularly regarding sexual orientation, gender identity, and religious affiliation.

As a result, approximately 30 Catholic preschools under the Archdiocese were excluded, impacting over 1,500 children and families. @zerohedge reported that at least one preschool closed, and others saw enrollment drops of nearly 20% in some cases, leading families to pay out-of-pocket or select non-Catholic options.

2023, plaintiffs including two parishes, preschools, the Archdiocese of Denver, and parents Daniel and Lisa Sheley filed a lawsuit with representation from the Becket Fund for Religious Liberty, alleging violations of the Free Exercise Clause. A federal district court in 2024, following a bench trial, upheld the state's nondiscrimination requirement but enjoined enforcement related to religious affiliation due to program preferences, finding no broader First Amendment violation.

The appeals court stated that the rule is neutral and generally applicable under Employment Division v. Smith (1990), applying rational-basis review. It distinguished the case from Supreme Court precedents such as Trinity Lutheran, Espinoza, and Carson v.

Makin, which prohibit explicit discrimination based on religious status in public benefits, and found no evidence of anti-religious hostility unlike in Masterpiece Cakeshop. The 10th Circuit noted that Colorado's exemptions and discretion do not undermine the rule's general applicability, aligning with a minority position in a circuit split on such issues.