The U.S. Supreme Court heard arguments Tuesday on whether Colorado can exclude religious preschools from its universal preschool program if they refuse to sign a nondiscrimination pledge that includes LGBTQ+ individuals. The case centers on Colorado's Universal Preschool Program, launched in 2023, which offers free preschool to all 4-year-olds in the state.
The program is open to public, private, and religious schools, but participants must agree not to discriminate based on sexual orientation or gender identity in their enrollment policies. Several Catholic preschools, represented by the Archdiocese of Denver, argue this requirement violates the First Amendment's Free Exercise Clause, particularly because they believe their religious tenets prevent them from enrolling children of gay parents or transgender individuals.
During oral arguments, several conservative justices appeared skeptical of Colorado's policy. Justice Neil Gorsuch suggested that the state might be circumventing the court's previous rulings favoring religious institutions, while Justice Brett Kavanaugh pointed out that secular schools are allowed to have enrollment preferences for various reasons, but religious schools are not.
Justice Samuel Alito questioned how the state's policy could be applied universally without impacting other public benefits, and Justice Amy Coney Barrett inquired about the specific problem the rule was intended to address.
Conversely, liberal justices expressed concerns about the implications of granting religious exemptions. Justice Sonia Sotomayor pressed the schools' lawyer, Nicholas Reaves, on whether they would reject a child solely because their parents are gay, to which Reaves responded that it would depend on the school's sincere religious exercise. Justice Elena Kagan questioned if the schools were seeking preferential treatment, and Justice Ketanji Brown Jackson raised concerns about a lack of a principled basis to distinguish religious objections to gay parents from other protected characteristics.
Colorado's lawyer, Helen Norton, asserted that the state's aim is equal opportunity and that religious preschools are welcome as long as they adhere to the same nondiscrimination standards as other providers. The state has a history of losing cases involving religious or free speech challenges to its LGBTQ+ protections, including a recent ruling against a web designer and the landmark decision involving a baker who refused to create a cake for a gay wedding.
The parishes involved argue that lower courts erred in rejecting their request for an injunction against the state's requirement. The U.S. Department of Justice, represented by Sarah Harris, supported the religious schools, urging the court to restore stronger protections for religious practices in public benefit programs.
The case, St. Mary Catholic Parish v. Roy, could have significant implications for how religious freedom and anti-discrimination laws interact when public funds are involved. A decision is expected by the end of June.