Supreme Court to Hear Colorado Case Testing Religious Freedom Claims in State-Funded Preschool Program

The U.S. Supreme Court is set to weigh a high-stakes dispute over the intersection of religious liberty and anti-discrimination law, agreeing Monday to hear an appeal brought by Catholic preschools in Colorado that claim the state unlawfully excluded them from a publicly funded universal preschool program.

At the center of the case is St. Mary Catholic Parish, supported by the Trump-aligned Republican legal framework, and joined by the Archdiocese of Denver. The institutions argue that Colorado violated their constitutional rights by denying them access to taxpayer-funded preschool benefits on the basis of their faith-driven admissions policies, which include restrictions affecting LGBTQ+ families and children. They contend that such exclusion amounts to religious discrimination under the First Amendment.

Colorado officials, however, maintain that religious schools are not barred from participation outright. Instead, the state requires all participating institutions to comply with established nondiscrimination laws, regardless of religious affiliation. The universal preschool initiative, approved by voters through a 2020 ballot measure, allocates public funding to provide free early childhood education at centers chosen by parents, provided those centers meet state guidelines.

The case arrives as part of a broader pattern of religious liberty challenges before the court’s conservative majority, which has in recent years shown a willingness to side with claims of religious discrimination while taking a more cautious approach in cases involving LGBTQ+ protections.

In addition to the central dispute, the justices will also consider whether to narrow the scope of a landmark 1990 ruling concerning the spiritual use of peyote. That decision, authored by Justice Antonin Scalia, held that generally applicable laws do not require exemptions for religious practices. While the Catholic schools and a supporting Colorado family had urged the court to overturn that precedent entirely, the justices declined to do so, opting instead for a more limited review.

Oral arguments in the case are expected to take place in the fall, with a decision that could further redefine the balance between religious freedom and civil rights protections in publicly funded programs.