The U.S. Supreme Court on Tuesday grilled Colorado for denying a universal preschool program to Catholic schools.
Case Overview
St. Mary Catholic Parish v. Roy challenges a Colorado rule that requires schools to sign a non‑discrimination agreement to receive state preschool funding, which Catholic families say violates the First Amendment.
Petitioners’ Argument
Attorney Nicholas Reaves told the justices that Catholic schools exist to transmit faith to the next generation and therefore must be free to enforce church teachings on marriage and biology, a right they claim the lower courts ignored in applying Employment Division v. Smith.
Justices’ Pushback
Justices Elena Kagan and Ketanji Brown Jackson warned that granting a religious exemption would create a special rule that treats believers differently under generally applicable laws, while Justice Sonia Sotomayor suggested the schools’ refusal to sign the agreement was a choice that barred them from the program.
Colorado’s Defense
Deputy Solicitor General Helen Norton faced sharp questions from Justices Samuel Alito and Amy Coney Barrett, who cited the state’s history of anti‑Christian measures, including bans on bakers, web designers, and therapists who refuse service to same‑sex couples.
Further Scrutiny
Alito asked whether a rule banning head coverings for teachers would be permissible, and Norton replied that a neutral, generally applicable law would survive constitutional review; Barrett pressed the state on its decision to impose a condition it knew Catholic schools could not meet.
Kavanaugh’s Critique
Justice Brett Kavanaugh highlighted other Colorado preferences that discriminate on the basis of parental involvement, income level, or dietary choices, questioning why the state blocks religious schools while allowing similar distinctions.
Skeptical Voices
Justices Clarence Thomas, Neil Gorsuch, and Chief Justice John Roberts expressed doubt about Colorado’s arguments, and the Court has set a decision for the 2026 term.
Shawn Fleetwood, a staff writer for The Federalist and University of Mary Washington graduate, co‑won the 2025 Dao Prize for Investigative Journalism and has contributed to RealClearPolitics and RealClearHealth. Follow him on Twitter @ShawnFleetwood.
