The Supreme Court announced Monday it will hear a high-profile religious liberty dispute, taking up a challenge from two Colorado Catholic preschools that say the state’s universal preschool program unconstitutionally excludes them for refusing to enroll children from LGBTQ+ families in violation of their faith.

The case, St. Mary Catholic Parish v. Roy, concerns Colorado’s Early Childhood Education Program, established by 2020 ballot measure. The program provides state funding for 15 hours per week of preschool for thousands of four-year-olds, allowing participation by both public and private providers, including faith-based ones. 

A key nondiscrimination rule requires participating preschools to give eligible children an equal opportunity to enroll regardless of the child’s or family’s race, ethnicity, religious affiliation, sexual orientation, gender identity, housing status, income, or disability. 

Administrators at St. Mary Catholic Parish Preschool, in Littleton, and St. Bernadette Catholic Parish Preschool, in Lakewood, sued in August 2023, arguing that the requirement forces them to act against Catholic teachings on marriage and sexuality if they want to receive public funds. They contend it violates the First Amendment’s Free Exercise Clause.

Lower courts sided with the state. U.S. District Judge John Kane upheld the law’s constitutionality (while issuing a nominal $1 fine on a separate point about discrimination against other religions). 

The U.S. Circuit Court of Appeals for the Tenth Circuit affirmed, applying the framework from the 1990 precedent Employment Division v. Smith. That ruling generally allows neutral, generally applicable laws to burden religious exercise without triggering strict scrutiny. The appeals court panel emphasized that the rules apply equally to all schools and balance religious freedom against equal access for families.

The administrators argue that the law violates their religious rights. They criticize Smith as “highly malleable and unpredictable,” noting circuit conflicts in its application, and urge the Supreme Court to revisit or overrule it.

The state maintains that the nondiscrimination provision is neutral and generally applicable, not targeting religion, and is necessary to ensure equal treatment in a taxpayer-funded program.

The Trump administration filed a brief supporting the Catholic schools’ petition, underscoring the importance of the case. Oral arguments are expected in the fall 2026 term, with a decision likely by June 2027.