Supreme Court to Hear Religious Preschool Case

The Supreme Court will review whether religious preschools can be excluded from public funding over LGBTQ+ policies.

The Supreme Court is Looking at a Case Over a Religious Preschool The U.S. Supreme Court decided on Monday to hear from Catholic preschools that say it is against the law to leave them out of a state-funded program because they won't let kids from LGBTQ+ families in. In the most recent dispute over religious rights, the conservative-majority court will hear from Colorado's St. Mary Catholic Parish and the Archdiocese of Denver. The Republican Donald Trump administration backs these groups. The schools argue that Colorado is violating their religious liberties by excluding them from the taxpayer-funded universal preschool program due to their faith-based admission policies. They contend that the state allows other preschools to prioritize children with disabilities or from low-income families, so they should also be permitted to give preference based on their religious beliefs regarding gender and same-sex marriage.

The state said religious schools can participate, but they must follow anti-discrimination laws. Colorado argued that preferences based on income and disability comply with those rules. The program, created through a 2020 ballot measure, allows parents to choose where to send their children for preschool.

Legal Arguments and Broader Implications The Becket Fund for Religious Liberty is representing the plaintiffs and welcomed the Supreme Court’s decision to hear the case. The Court has previously ruled that states cannot deny families public benefits solely based on religion. Nicholas Reaves stated, "We're confident the Court will reaffirm that principle and end Colorado's exclusion of Catholic schools." As part of the case, the justices will also examine limits on a landmark 1990 ruling involving religious use of peyote, written by Justice Antonin Scalia, which held that religious beliefs do not excuse individuals from complying with generally applicable laws. The schools and a Catholic family had asked the Court to overturn that decision, but the justices declined.

Recent Context: LGBTQ+ and Religious Rights Cases The Supreme Court has recently sided with several religious freedom claims, while its stance on LGBTQ+ rights has been more mixed. Last month, the Court struck down a Colorado law banning "conversion therapy" for LGBTQ+ minors after a challenge by a Christian counselor. In another ruling last year, the justices allowed parents with religious objections to opt their children out of Maryland public school lessons involving LGBTQ+ storybooks. In 2022, the Court ruled in favor of a high school football coach who prayed on the field after games, citing constitutional protections. However, the Court previously failed to reach a consensus on establishing a publicly funded Catholic charter school following the departure of Justice Amy Coney Barrett.