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

The U.S. Supreme Court is scheduled to hear oral arguments Tuesday, Election Day, in St. Mary Catholic Parish v. Roy, a case over whether Colorado can require preschools in its universal preschool program (UPK) to admit children of same-sex couples and LGBTQ children, or whether the First Amendment's Free Exercise Clause lets Catholic preschools decline. The challengers are the Archdiocese of Denver, a group of Catholic parishes and parents Daniel and Lisa, who are named in the case.

Colorado's program lets private, public and religious preschools enroll. The state told the justices that more than forty faith-based providers, including six Catholic Charities preschools tied to the Archdiocese of Denver, took part in the first year. Participants must meet health and educational standards, such as student-teacher ratios, classroom sizes and free health screenings. They must also admit eligible children regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, housing status, income or disability, with no exceptions. In 2023, the archdiocese told its Catholic preschools not to register, saying the nondiscrimination requirements conflicted with church teaching.

Newsmax, on the right, leads with the idea that Colorado is trying to exclude Catholic schools from its universal preschool program, a framing built around the schools' access to the program. Its short item does not mention same-sex couples, LGBTQ children or the specific nondiscrimination rules. The New Republic, on the left, goes into the law's text, quoting the no-exceptions requirement covering sexual orientation and gender identity, and presents the case as a possible rewrite of precedent on religious pluralism, with Antonin Scalia's warning in its headline. The New York Times, also left, centers the families, saying the schools decline to enroll children with gay and transgender parents. Both sides agree on the date and the basic dispute. They differ on who is described as excluded: Newsmax stresses Catholic schools, while left outlets stress LGBTQ families. The Hill, in the alternative group, frames it around public dollars and admitting same-sex couples' children.