USA20 April, 20266 min read
U.S. Supreme Court Agrees To Hear St. Mary Catholic Parish v. Roy Preschool Funding Case
This article is an automated aggregation of coverage from news outlets. Our editorials offer in-depth analysis curated by the NewsCord team.
Supreme Court will hear St. Mary Catholic Parish v. Roy challenging Colorado preschool funding rule. Case questions whether Catholic preschools must enroll children of same-sex couples to receive state funding.
Supreme Court to Hear Case
The U.S. Supreme Court agreed on Monday to take up a religious liberty dispute involving Colorado’s universal preschool program and Catholic preschools that say they were excluded from state-funded participation because they sought to admit only children whose families adhere to the church’s teachings on gender and sexual orientation.
“The Supreme Court agreed on Monday to decide whether Catholic preschools in Colorado that decline to enroll 4-year-olds with gay or transgender parents can participate in a publicly funded state program.”
CBS News said the case is known as St. Mary Catholic Parish v. Roy and that it is the latest religious-entities challenge to state-funded programs, with the high court having a 6-3 conservative majority.
The dispute centers on Colorado’s universal preschool program, which provides state funding for families to send their 4-year-olds to the preschool of their choosing, and under which “all children in Colorado are eligible for up to 15 hours of free preschool each week in the year before they enter kindergarten.”
NBC News added that the Archdiocese of Denver oversees 34 preschools and that the Supreme Court will hear arguments that Colorado should exempt Catholic entities from a nondiscrimination provision in the state-funded preschool program.
CNN framed the case as a First Amendment showdown between religious rights and LGBTQ families, saying the Supreme Court will decide whether preschools that decline children of same-sex couples may receive state funding.
The New York Times reported that the Supreme Court agreed to decide whether Catholic preschools that decline to enroll 4-year-olds with gay or transgender parents can participate in a publicly funded state program, and it said the case is expected to be heard once the next term begins in October.
In the background of the dispute, CBS News said the legal fight is tied to a 35-year-old decision, Employment Division v. Smith, and that the Supreme Court said in its brief order taking up St. Mary Catholic Parish v. Roy that it will not consider whether to overturn Employment Division v. Smith.
Colorado Program and the Dispute
Colorado’s universal preschool program is described across the reports as a statewide initiative that funds preschool choices for families, including both public and private providers, and it includes a nondiscrimination provision that requires equal opportunity to enroll. CBS News said the program provides state funding for families to send their 4-year-olds to the preschool of their choosing and that it covers “public and private preschools, as well as faith-based and in-home providers.” It also said the law establishing the program includes a nondiscrimination provision requiring providers to ensure children have “the equal opportunity to attend regardless of their or their parents' religious affiliation, race, ethnicity, sexual orientation, gender identity, lack of housing, income level or disability.”
NBC News similarly said the program was approved as part of a statewide referendum in 2020 and provides taxpayer funds for parents to send their children to their preferred preschool. CNN added that the program includes a nondiscrimination provision requiring each school receiving public money to provide eligible children an equal opportunity to enroll, “regardless of race, religious affiliation, sexual orientation, gender identity and other factors.”
The Archdiocese of Denver’s request, as described by CBS News, came in February 2023 when it requested an exemption from the program’s rule so its preschools could admit only families who adhere to Catholic teachings, including on gender identity and sexual orientation. CBS News said the state’s Department of Early Childhood declined to provide the accommodation and reiterated that “no provider may discriminate against children or families in violation of state statute.”
Arguments, Precedent, and Court History
The legal arguments in St. Mary Catholic Parish v. Roy revolve around how Employment Division v. Smith applies to Colorado’s nondiscrimination requirement and whether the Catholic entities can claim an exemption.
CBS News said the dispute is tied to Employment Division v. Smith, in which the Supreme Court held that laws burdening the free exercise of religion typically do not violate the First Amendment so long as they're neutral and generally applicable.
However, CBS News also reported that the Supreme Court said in its brief order taking up St. Mary Catholic Parish v. Roy that it will not consider whether to overturn Employment Division v. Smith.
NBC News described the Archdiocese’s position as arguing that Catholic doctrine does not recognize same-sex relationships or transgender status, and it said the Trump administration filed a brief in support of the archdiocese urging the court to take up the case.
NBC News also said the archdiocese’s lawyers argue that Catholic entities should get an exemption because the law and related regulations are “riddled with loopholes” that give preschools leeway when weighing applications.
The state’s counter, as described by NBC News, is that the focus should be only on the nondiscrimination provision itself, which has no exemptions, meaning that under Supreme Court precedent, the Catholic preschools are not owed a carveout.
CNN said the appeal from the Catholic parishes will likely be heard in the fall and that a decision is likely sometime next year.
How Outlets Frame the Stakes
The reporting frames the same Supreme Court action through different emphases, with some outlets foregrounding religious liberty and others foregrounding LGBTQ protections and the First Amendment clash.
CBS News described the case as part of a string of decisions where the high court has religious plaintiffs who argued they were forced to choose between participating in initiatives backed by taxpayer dollars and adhering to sincerely held religious beliefs.
CNN explicitly framed the case as “an important First Amendment showdown at the high court that pits religious rights against LGBTQ families,” and it said the court will decide what to do when school leaders assert that anti-discrimination laws conflict with their religious beliefs.
USA Today emphasized the LGBTQ+ vs religious rights framing and said the Supreme Court will decide whether Catholic preschools must admit LGBTQ+ families if they want to participate in the state’s tuition-free program.
The Hill, meanwhile, highlighted the pathway to narrow a significant 1990 religious precedent next term and described the Supreme Court as considering narrowing rather than directly taking up overruling Employment Division v. Smith.
The New York Times described the dispute as Catholic parish preschools in the Denver area saying admitting such children would require them to violate their religious convictions, and it described the case as the latest clash between anti-discrimination principles and claims of conscience from religious groups.
USA Today also reported that the Justice Department took the unusual step of weighing in without being asked, and it said the government asked the court to hear the church's appeal because of the importance of the free exercise of religion.
What Happens Next
The next steps in the case, as described by the outlets, include an expected fall argument schedule and a decision timeline tied to the Supreme Court’s next term, along with potential implications for how nondiscrimination rules interact with religious exemptions in state-funded education.
CNN said the appeal from the Catholic parishes will likely be heard in the fall and that a decision is likely sometime next year.
USA Today said the case is expected to be argued in the fall and decided by June of 2027.
The Hill reported that the case is set to be heard during the court’s next annual term, which begins in October, and it said a decision is likely by next year.
NBC News said the Supreme Court agreed Monday to hear arguments and identified additional parties including two Catholic parishes in Littleton and Lakewood and two parishioners, Daniel and Lisa Sheley.
USA Today quoted Scott Elmer, chief mission officer for the Archdiocese of Denver, saying, “Our preschools exist to help parents who want an education rooted in the Catholic faith for their children.”
The Hill added that the conservative majority has already signaled interest in narrowing Employment Division v. Smith, quoting Alito’s 2022 statement that “As long as it remains on the books, it threatens a fundamental freedom.”