A clash over preschool funding
November 3, 2026 · 1:56 p.m. Central
The U.S. Supreme Court heard arguments Tuesday in a dispute over whether Catholic preschools can participate in Colorado’s publicly funded preschool program while following admissions policies tied to their beliefs about marriage and gender.
The case, St. Mary Catholic Parish v. Roy, brings religious freedom and equal access for LGBTQ families before the justices. The court heard arguments; it has not issued a decision in the case.
The Archdiocese of Denver and other Catholic challengers say Colorado’s conditions violate their First Amendment rights. Colorado says religious and secular providers are welcome in the voluntary program if they follow the same equal-opportunity rules, according to Reuters and the parties’ filings.
What each side argues
The program helps families pay for preschool at participating public and private providers. Colorado requires providers to offer eligible children an equal opportunity to enroll regardless of protected characteristics, including sexual orientation and gender identity as they apply to a child or family, according to the ACLU of Colorado, which supports the state.
The challengers say their religious exercise is burdened when the state conditions funding on rules conflicting with their beliefs. They argue that the program allows other enrollment preferences while refusing to accommodate their religious practices. The Trump administration supports the challengers, according to the court’s argument schedule.
Colorado says the rule is neutral toward religion and applies to all participating providers. LGBTQ rights group Lambda Legal, which filed a brief supporting the state, says public funds should not support exclusion of children because their parents are LGBTQ. The state’s position does not require a religious school to change its religious teaching, the group says.
