Supreme Court Weighs Faith and Equal Access in Colorado Pre-K Fight

Supreme Court Weighs Faith and Equal Access in Colorado Pre-K Fight

Justices take up Catholic preschools' challenge on Nov. 3

The U.S. Supreme Court will hear oral argument on Nov. 3, 2026, in St. Mary Catholic Parish v. Roy, a First Amendment challenge to Colorado's universal preschool program. NPR reports the case pits the Catholic Church against a taxpayer-funded program for all 4-year-olds in Colorado, asking whether religious preschools may decline children of gay and transgender parents despite a state ban on discrimination. SCOTUSblog notes a decision is expected before the end of the term next summer.

Colorado says religious schools are welcome on equal terms

Colorado says the challengers remain welcome to join Universal Preschool, known as UPK, on the same terms as every other publicly funded preschool. The National Constitution Center quotes the state's rule: participating schools must provide eligible children an equal opportunity to enroll regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level or disability. Lower courts largely agreed with the state. The Conversation reports a federal district court and the 10th Circuit upheld the rules as neutral and generally applicable under Employment Division v. Smith from 1990.

Churches say the mandate punishes their religious exercise

The plaintiffs are two Catholic preschools in the Archdiocese of Denver plus parents, represented by the Becket Fund for Religious Liberty. The ABA Journal reports they argue Colorado excluded them solely because of their religious exercise, by refusing an exemption from the equal-opportunity mandate for schools that ask families to support Catholic teaching on marriage and gender. An opinion piece in The Denver Post says more than 1,000 other preschools may selectively serve their communities, while the Archdiocese's 34 Catholic preschools are shut out. The plaintiffs say they have no objection to Colorado letting others serve selectively, only to being denied the same room for faith.

At stake is 15 hours of free preschool for every 4-year-old

Colorado voters approved UPK in 2020, and the program began in 2023, according to the ABA Journal and Becket. It offers every 4-year-old up to 15 hours of free preschool per week at a public, private or faith-based school of the family's choice. The Denver Post opinion values the benefit at about $6,300 per child per year. Catholic leaders say enrollment across the archdiocese is down 20% since UPK began, and two preschools have closed, including Wellspring Catholic Academy, which served mainly minority and low-income families.

A ruling that could reach far beyond Colorado

Supporters of Colorado warn a loss would force the state to fund discrimination, a lawyer with the Education Law Center told The Denver Post. Supporters of the parishes say a program called universal should not make Catholic families choose between a public benefit and their faith. The Conversation expects a decision by late spring 2027, shaping how states attach antidiscrimination rules to public money that flows through private religious providers, from pre-K to foster care and shelters. The Trump administration backs the Catholic providers. The Court could rule narrowly on Colorado's exemptions and discretion, or signal broader limits on conditioning benefits on nondiscrimination.

Where should the line sit between public money and faith

Discussion: When a school accepts public funding, how much room should it keep to admit families by its own beliefs? If you were choosing a preschool, what would matter more in real life: cost and convenience, or a school whose values match your family's?