The US supreme court will hear arguments on Tuesday over a challenge brought by two Catholic preschools in Colorado, arguing that they should be admitted to the stateâs free education system despite their rejection of children with LGBTQ+ parents.A decision in the case, St Mary Catholic Parish v Roy, could reshape the relationship between religious freedom and nondiscrimination laws in the US.The Catholic preschools claim that they been shut out of a 2023 state funding program that provides 15 hours per week of state-funded preschool and want the same benefits extended to them. Colorado says that the schools âremain welcome to participate inâ the program but only if they agree to the same equal-opportunity requirements that apply to all other publicly funded preschoolsâpublic and private, secular and religiousâ.But to join the program, Colorado says, the schools must consent to âprovide eligible children an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disabilityâ.The plaintiffs argue that making funding contingent on accepting that agreement amounts to unlawful religious discrimination under the first amendment guaranteeing religious freedoms.The case â in essence a clash between religious freedom and non-discrimination laws â has been making its way up the court system.
A lower appeals court ruled for the state but acknowledged that the highest court has previously held that states âcannot categorically withhold those funds from religious institutionsâ.In the lower courtâs view, the rulings do not apply to the current case because Colorado âdid not excludeâ religious preschools from its funding program and had âwelcomed and actively solicited their participationâ.The archdiocese claims that the state allows participating preschools âto discriminate in favor of LGBTQ families and other groupsâ, such as âgender-nonconforming childrenâ, âchildren of colorâ, or members of âthe LGBTQ communityâ.Nicholas Reaves, counsel at the Becket Fund for Religious Liberty, a firm that litigates religious liberty cases, told the National Catholic Reporter that Colorado had âdenied families ⌠the ability to use that funding at Catholic preschools, simply because those preschools have religious beliefs the state doesnât likeâ.In an amicus brief submitted to the court, the US Conference of Catholic Bishops argues that Colorado had disqualified the preschools âsolely because of their adherence to Catholic doctrineâ.The lower courtâs decision, the conference said, âwill embolden other states and municipalities to discriminate against religious adherentsâ rights by enacting ostensibly neutral statutes that discriminate in factâ.If allowed to stand, it added, âthe resulting harm to the nationâs social support infrastructure would be immense.â

