The Supreme Court has agreed to hear a case that could become a milestone in the battle over religious freedom.
The legal battle in St. Mary Catholic Parish v. Roy started when the state of Colorado established a universal preschool program in 2022. The program gave families 15 hours of free preschool per week at a public or private school of their choice.
Schools that wished to join the program were required to follow the state’s equal opportunity and nondiscrimination rules. However, Catholic schools argued that the rules contradicted their religious beliefs related to sex, gender, and family life.
The state refused to exempt religious schools from adhering to the rules even though it would force them to admit children or families whose views conflict with Catholic teaching. The schools were excluded from the program and took the matter to court.
This morning, the Court granted certiorari in St. Mary Catholic Parish v. Roy.
— Carrie Severino (@JCNSeverino) April 20, 2026
The case originates from Colorado, which is likely the single most frequent loser in recent Supreme Court religion jurisprudence.
Participation in the state’s Universal Preschool Program is limited… pic.twitter.com/5OW3JJhWth
Two Catholic parishes and preschools, along with the Archdiocese of Denver and parents who sought to use the program at these schools, filed a federal lawsuit in 2023. The plaintiffs argue that Colorado is discriminating against them by offering a public benefit advertised as “universal” while denying to families who prefer a religious education for their children.
The plaintiffs further argue that the exclusion violates the First Amendment protections for free exercise of religion and free speech. They seek to compel Colorado to allow religious schools to participate in the program without having to abandon their religious beliefs.
We’ve asked SCOTUS to stop Colorado from excluding religious families and preschools from its "universal" preschool program because of their faith. @SCOTUSblog unpacks the questions before the Court in the newly relisted St. Mary Catholic Parish v. Roy. https://t.co/N3jixeh6Lx
— BECKET (@becketfund) April 15, 2026
On the other side, Colorado insists it is not singling schools out because of their religious beliefs. Instead, they say they are applying a neutral rule to every preschool that wants to be a part of the program. It argues that the rule is necessary for ensuring families have equal access to preschool opportunities.
Lower courts sided with the state.
This case could be significant because the Supreme Court will decide how far states can go when they push nondiscrimination requirements on public programs that might conflict with religious beliefs.
The justices agreed to review two important questions about how courts should apply the rulings in Employment Division v. Smith and Carson v. Makin. If the plaintiffs win, religious schools across the country could gain more leverage when it comes to shielding themselves from discriminatory government practices.
However, if Colorado wins, states will retain more authority to require religious institutions to either choose exclusion or violating their religious beliefs.
