Supreme Court leans toward Catholic preschools in Colorado dispute
The Supreme Court appeared sympathetic to Catholic preschools seeking exemptions from Colorado's universal preschool nondiscrimination requirements to access public funds.
At a glance
- The Supreme Court heard oral arguments in St. Mary Catholic Parish v. Roy on Tuesday.
- Conservative justices questioned Colorado's refusal to grant religious exemptions to the Archdiocese of Denver's preschools.
- Liberal justices expressed concern that the Catholic schools were asking for a special rule to bypass nondiscrimination standards.
The Supreme Court on Tuesday appeared inclined to rule in favor of Catholic preschools that are contesting Colorado's decision not to grant them an exemption from universal preschool nondiscrimination rules. The Archdiocese of Denver, two parishes, and a family sued the state after being denied participation in the taxpayer-funded program due to policies that do not align with Catholic Church teachings on marriage and family.
During two hours of oral arguments, the high court's conservative majority questioned state officials over the rule, which requires participating providers to offer equal enrollment opportunities regardless of sexual orientation and gender identity. A decision in the case is expected by the end of June.
Arguments from the bench
Several conservative justices raised concerns that the nondiscrimination mandate effectively targeted religious organizations. Justice Amy Coney Barrett questioned Helen Norton, Colorado's deputy solicitor general, about whether the state chose a requirement knowing it would push out groups with traditional beliefs.
Justice Brett Kavanaugh asked why the state refused a compromise, noting that thousands of other preschools participate in the program and offer alternatives for LGBTQ families. Justice Neil Gorsuch questioned the practical effect of recent religious liberty precedents if religious entities continued facing exclusion from public programs.
Meanwhile, the court's three liberal members challenged the premise of the lawsuit. Justice Ketanji Brown Jackson stated that the Archdiocese was asking for a special rule allowing them to turn away students based on sexual orientation or gender identity, while Justice Elena Kagan noted that previous rulings barred treating religious institutions differently rather than mandating special treatment.
The state position and legal defense
Defending the state, Helen Norton argued that Colorado welcomes religious preschools provided they meet the same neutral conditions required of secular providers. She noted that religious schools are free to teach their beliefs on sex, gender, or marriage while receiving public support.
Nicholas Reaves, representing the Archdiocese through the Becket Fund for Religious Liberty, told the justices that Colorado is unconstitutionally denying public benefits to Catholic preschools because of their religious exercise.
Understanding the stakes of the high court review
The case places the intersection of religious freedom and LGBTQ rights back before the nation's highest judicial body. A ruling for the challengers could expand the flow of public dollars to religious institutions and alter how states apply nondiscrimination rules to faith-based providers. Observers are watching to see how the court balances First Amendment protections against state enforcement of equal access standards.
What to watch: A final ruling from the Supreme Court is expected by the end of June.
Reporting from: CBS News, NBC News. Spotted an error? Tell us.
- Supreme Court
- Religious Liberty
- Education
- Colorado
- LGBTQ Rights
- United States
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