Supreme Court to Review Colorado's Catholic Preschool Exclusion
The Supreme Court will decide if Colorado can exclude Catholic preschools that bar LGBTQ+ families.
Why it matters: A ruling could reshape how education funding intersects with religious rights and nondiscrimination rules. Corporate legal teams with education, nonprofit, or compliance roles must track evolving First Amendment interpretations and state program eligibility.
- The Supreme Court accepted the Colorado Catholic preschool case on April 20, 2026.
- St. Mary Catholic Parish and Denver's Archdiocese say the exclusion violates First Amendment religious rights.
- Colorado requires preschools in its universal program to accept all families, including LGBTQ+ households, under nondiscrimination law.
- The case follows recent Court decisions addressing religious freedom versus state anti-bias laws in schools.
The U.S. Supreme Court agreed to hear a dispute over whether Catholic preschools in Colorado can participate in the state’s universal preschool program despite policies that exclude children from LGBTQ+ families.
- St. Mary Catholic Parish and the Archdiocese of Denver claim Colorado’s rules force them to choose between publicly funded participation or their religious beliefs on family structure.
- Colorado law says all publicly funded preschools must adhere to nondiscrimination policies, which include protections for sexual orientation and gender identity.
- The state argues applicants are treated equally—all preschools, including faith-based ones, may join if they meet these requirements.
- The universal preschool initiative, launched after a 2020 voter measure, covers 15 hours per week at over 1,900 preschools and is projected to serve around 40,000 children in its first year, with about 40 faith-based schools enrolled.
The central legal issue asks if applying nondiscrimination laws to public preschool funding infringes on religious organizations’ First Amendment rights. The First Amendment protects both the free exercise of religion and guards against government establishment of religion, while state nondiscrimination statutes seek to ensure public funds do not support exclusion by protected class.
Nicholas Reaves of the Becket Fund, which represents the schools, said, “We’re confident the Court will say the same thing here and put a stop to Colorado’s no-Catholics rule.” Colorado’s Attorney General’s office maintains the rules ensure open access and do not target religious belief, but enforce neutral eligibility standards for public benefit.
Legal experts note the case builds on recent Supreme Court scrutiny of religious rights in education funding, including Maine’s religious school tuition case and rulings on other faith-based access. The Court’s assessment may guide compliance policies for all entities tied to state education programs.
By the numbers:
- 1,900 preschools — Number in Colorado's universal program
- 40,000 children — Estimated first-year participants in state preschool plan
- 40 faith-based schools — Participating in the public preschool system
Yes, but: Any decision will likely leave some questions about how states can structure public programs involving religious organizations and still enforce anti-bias protections.
What's next: The Supreme Court is expected to hear arguments in fall 2026, with a decision likely in 2027.