Religious preschools want public funding, but exemptions from nondiscrimination rules – the Supreme Court will decide if that’s constitutional

Colorado's Universal Preschool Program lets religious providers participate in free public preschool if they follow program rules, including a requirement not to discriminate based on sexual orientation or gender identity. Catholic preschool providers and a parent sued, arguing the requirement unconstitutionally burdens their faith, and the Supreme Court will hear arguments November 3 in St. Mary Catholic Parish v. Roy.

Both a federal district court and the 10th Circuit sided with Colorado, finding the rule neutral and generally applicable rather than targeted at religion, since the program doesn't bar religious schools outright. The case tests how far recent rulings expanding religious schools' access to public funding, including Trinity Lutheran, Espinoza, and Carson, extend when a state's own exemptions, like congregation-preference admissions, are cited as evidence of selective treatment.

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