Supreme Court Hears Catholic Preschools' Challenge to Colorado's Universal Preschool Rules

The Supreme Court heard oral arguments on Tuesday, Election Day, in St. Mary Catholic Parish v. Roy, a case on whether Colorado must exempt Catholic preschools from its antidiscrimination rules so they can join the state's taxpayer-funded universal preschool program. The plaintiffs include the Archdiocese of Denver and other Catholic entities. They argue that Colorado's refusal to grant an accommodation violates their First Amendment religious rights.

At issue is a state provision that bars preschools from the program if they refuse to admit children because of the sexual orientation or gender identity of the child or parents. The plaintiffs say Catholic doctrine does not recognize same-sex relationships or transgender status, so the rule conflicts with their beliefs. Their lawyers at the Becket Fund for Religious Liberty call the case "uncomplicated" and say Colorado excluded Catholic preschools solely because of their religious exercise. Justice Ketanji Brown Jackson and the two other liberal justices questioned Becket lawyer Nicholas Reaves on whether the plaintiffs' position would permit discrimination. Jackson asked why the state cannot uniformly condition funds on non-discrimination. The court has a 6-3 conservative majority.

NBC News, the left-leaning outlet, places the case in a series of clashes between LGBTQ and religious rights, noting that most such Supreme Court cases of the past decade came from Colorado and that the conservative majority regularly favors religious claims. Its headline says the court appeared sympathetic to the Catholic plea. The right-leaning Daily Signal and Washington Examiner both focus on religious liberty and the arguments. The Daily Signal's headline calls the arguments contentious, says the court could deliver another blow to Colorado, and quotes a line that universal preschool funding need not be a zero-sum game. The Washington Examiner leads with Jackson's sharp questioning, saying she accused the schools of seeking a "special rule" to bar LGBT families. Alternative outlets had not reported the story at the time of writing.