SCOTUS to Decide if Colorado Can Exclude Catholic Schools from Pre-K Program over Rejection of Same-Sex Couples

The Supreme Court agreed Monday to weigh in on whether Colorado can exclude Catholic schools from its universal pre-K program over their rejection of students who have same-sex parents. 

The Catholic preschool in Littleton, Colorado, filed a lawsuit against Colorado arguing that its exclusion from the preschool program is religious discrimination and violates the First Amendment, Politico reported. Specifically, the school says it is being discriminated against because the state will not provide an exemption from its rules and would require the school to admit everyone, including students who identify as LGBTQ+ and students who have LGBTQ+ parents. 

Colorado has argued that their program includes faith-based preschools but mandates the schools comply with the state’s anti-discrimination laws, which includes discrimination against LGBTQ+ people, according to the report. 

Both a federal district court and the U.S. Court of Appeals for the Tenth Circuit sided with Colorado. The Trump administration is backing the Catholic preschools in the legal battle and called the lower court rulings “deeply problematic.”

“Colorado voters approved the universal pre-K program in 2020, 68 percent to 32 percent. Using funding from new taxes on tobacco products, the arrangement pays tuition for all four-year-olds to attend 15 hours of preschool per week,” according to the report. 

The case is St. Mary Catholic Parish v. Roy, No. 25-581 in the Supreme Court of the United States.