Supreme Court to Hear Religious Freedom Battle Over Christian Preschool Funding

The U.S. Supreme Court is preparing to hear a case that could reshape how states apply nondiscrimination requirements to religious schools participating in publicly funded education programs.

Oral arguments in St. Mary Catholic Parish v. Roy are scheduled for Nov. 3, as two Colorado Catholic parishes and other plaintiffs challenge conditions attached to the state's universal preschool program.

The dispute revolves around whether religious schools can receive public preschool funding while maintaining admissions policies reflecting their beliefs about marriage, sexuality, and so-called "gender identity."

The justices agreed on April 20 to review two constitutional questions involving the First Amendment's Free Exercise Clause and previous Supreme Court rulings concerning religious participation in government benefit programs.

Religious Schools Challenge State Requirements

Colorado's universal preschool program provides publicly funded early education through participating public, private, and religious institutions.

Under state law, participating preschools must provide eligible children equal enrollment opportunities regardless of characteristics, including race, religious affiliation, sexual orientation, "gender identity," income level, and disability.

St. Mary Catholic Parish in Littleton and St. Bernadette Catholic Parish in Lakewood objected to requirements they contend conflict with their religious admission policies.

The Archdiocese of Denver and parents Daniel and Lisa Sheley also joined the lawsuit.

In their June 25 Supreme Court brief, the plaintiffs argued that Colorado effectively excludes their schools because they maintain religious standards for families seeking enrollment.

They further contend that the state allows enrollment preferences benefiting certain groups while refusing comparable accommodations for religious institutions.

Colorado Defends Its Preschool Program

Colorado officials dispute the claim that the schools are excluded because of their religion.

In an Aug. 17 brief, the state argued that religious preschools remain eligible to participate if they comply with the same nondiscrimination requirements imposed on other providers.

Colorado also emphasized that participating religious schools may continue teaching their faith and maintaining religious curricula.

The state rejected the plaintiffs' argument concerning exemptions, maintaining that enrollment preferences for children with disabilities and families with limited incomes do not constitute exceptions to its equal-opportunity protections.

According to Colorado, the requirements ensure families can access publicly funded preschool services without being turned away because of protected characteristics.

Lower Courts Sided With Colorado

The dispute previously reached the U.S. Court of Appeals for the 10th Circuit, which ruled against the religious institutions on September 30, 2025. The appeals court concluded that Colorado's requirements were generally applicable and did not violate the schools' constitutional protections.

The Supreme Court subsequently agreed to review two questions concerning when exceptions undermine a law's general applicability and how its 2022 decision in Carson v. Makin applies to religious participation in public benefit programs.

The justices declined to take up a third question asking whether Employment Division v. Smith, a longstanding precedent governing religious exercise claims, should be overturned.

Potential Implications for Christian Education

The case could have implications for Christian schools and other religious institutions nationwide, potentially influencing how states balance religious liberty protections with nondiscrimination requirements in publicly funded educational programs.

The plaintiffs argue that states cannot condition access to public benefits on religious institutions abandoning their sincerely held beliefs.

Colorado maintains that religious organizations participating in government-funded programs must follow neutral requirements designed to protect equal access.

The Supreme Court has not decided the merits of the dispute.

With arguments scheduled for Nov. 3, the case places the relationship between religious freedom, parental choice, and public education funding before the nation's highest court.

Comments:

Privacy Policy

Terms and Conditions

Follow Glorious Grace for biblical truth, Christian encouragement, and new resources.

© 2026 Glorious Grace. All rights reserved.