The U.S. Supreme Court heard oral arguments Tuesday in St. Mary Catholic Parish vs. Roy, a case that centers on whether Colorado can deny public tuition assistance to Catholic preschools while offering it to other private institutions. The dispute arose after Colorado excluded schools affiliated with the Archdiocese of Denver from its universal pre-kindergarten program.
Colorado's program aims to provide funding for preschool seats in public, private, and religious schools. However, the state barred the Archdiocese of Denver's schools, which require parents to affirm adherence to Church teachings on marriage and sex, from receiving these funds. The state's lawmakers view these tenets as discriminatory, particularly concerning policies on transgender students. The Archdiocese contends that its schools do not accommodate transgender-related issues such as bathroom use or pronoun changes, and that its admissions are based on parents' willingness to support Catholic doctrine.
Parents who joined the lawsuit argue they are being discriminated against, being forced to pay tuition out-of-pocket for the same education other families receive for free. Dan and Lisa Sheley, plaintiffs in the case, stated they have already incurred $18,000 in lost tuition assistance.
During the oral arguments, some justices expressed concerns about the state's policy. Justice Sonia Sotomayor questioned the archdiocese's policy of "discrimination by exclusion." Justices Elena Kagan and Ketanji Brown Jackson focused on whether the policy constituted a blanket ban on gay families or a requirement for parents to accept Catholic teachings. However, the other six justices appeared unconvinced by the state's arguments.
Colorado's legal team argued that its refusal to fund the religious preschools aligns with the policy decisions of democratically elected legislatures. This argument was met with skepticism, with Justice Amy Coney Barrett suggesting that Colorado lawmakers anticipated the legal challenge. The state's case, as admitted, is based on speculation, yet it continues to withhold funds.
Arguments from supporters of the Catholic parents, including 23 other states, framed the situation as "majoritarian hostility towards disfavored religious minorities." This perspective suggests that the Bill of Rights is intended to protect individuals from such majority-driven policies.
The Supreme Court has a recent history of ruling in favor of religious freedom in cases involving public funding. In 2017, the Court ruled in favor of a faith-based preschool in Missouri that was denied funds for playground improvements, a benefit offered to other private schools. More significantly, in 2022, the Court's decision in Carson v. Makin held that Maine could not exclude religious schools from a scholarship program if secular private schools were included. The Carson ruling stated that states cannot compel religious schools to alter their religious expression or teachings to receive public funding.
An opinion piece in the New York Post suggests that the current case could follow this trend, potentially providing financial relief to families of faith nationwide. The author also points to New York's regulations, which allegedly require religious pre-K programs receiving public funds to eliminate religious instruction and symbols, as an example of similar unconstitutional practices that could be challenged.
The Court is expected to issue a ruling in the coming months. The outcome of St. Mary Catholic Parish vs. Roy could have significant implications for religious schools and families seeking public funding across the United States.