Public Money. Religious Rules. Who Gets Excluded?
On Election Day, the Supreme Court hears Catholic preschools that want Colorado's universal pre-K funding without accepting every family. The case could redraw where faith ends and public money begins.
Public Money. Religious Rules. Who Gets Excluded?
By Latisha Sky | Prodigal Breaking News | prodigalbreakingnews.com
November 2, 2026
On Tuesday, Nov. 3, the Supreme Court hears *St. Mary Catholic Parish v. Roy*. Colorado's universal preschool program pays for up to 15 free hours a week at public, private and faith-based providers. In return, providers must give every child an equal opportunity regardless of religion, race, sexual orientation, gender identity and other characteristics. The Archdiocese of Denver, which oversees 34 Catholic preschools, asked to admit only families who follow Catholic teaching on gender and sexuality. Colorado refused. Lower courts ruled for the state, including a unanimous 10th Circuit. The Trump administration backs the Archdiocese. The Court said it won't revisit its 1990 *Employment Division v. Smith* precedent.
By Latisha Sky | Prodigal Breaking News | prodigalbreakingnews.com
The case
The Supreme Court hears oral argument Tuesday, Nov. 3, in St. Mary Catholic Parish v. Roy (No. 25-581). The Court agreed in April to take the case.
Colorado's universal preschool program funds up to 15 free hours a week for 4-year-olds at the provider of a family's choice: public, private, faith-based or in-home. Its nondiscrimination provision requires providers to give children an equal opportunity regardless of religion, race, sexual orientation, gender identity and other protected characteristics.
The two sides
The Archdiocese of Denver, which oversees 34 Catholic preschools, asked in 2023 for an exemption to admit only families who follow Catholic teaching on gender and sexuality. Colorado refused, and the Archdiocese sued. The schools argue they are being forced to choose between a public benefit and their faith, and that exemptions the state allows for secular providers mean the rule isn't neutral.
Colorado says the program "does not require providers to surrender their religious character," and that the schools are seeking the right to turn away children because of their own or their parents' sexual orientation or gender identity.
The district court ruled for Colorado in 2024. The 10th Circuit unanimously upheld that, finding the rule "exists in harmony with the First Amendment." The Trump administration supports the Catholic plaintiffs. The Court said it won't reconsider Employment Division v. Smith (1990).
Why it matters
In recent years the Court has repeatedly sided with religious plaintiffs in disputes over state-funded programs. A ruling for the Archdiocese, expected by next summer, could shape how far nondiscrimination rules can follow public dollars into religious institutions: schools, foster care, social services. The case is about preschool. The principle reaches much further.
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Sources: CBS News; National Catholic Reporter (argument date); Supreme Court docket No. 25-581; Family Equality; Eurasia Review (Catholic League op-ed, Nov. 2, identified as advocacy).
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