Supreme Court to Decide if Colorado Catholic Preschools Can Bar Children of Same-Sex Couples

WASHINGTON — The Supreme Court agreed Monday to review a Colorado law that requires religious preschools receiving taxpayer money to enroll children of same-sex couples. The decision sets the stage for a significant First Amendment showdown, pitting the religious rights of Catholic institutions against nondiscrimination laws intended to protect LGBTQ families.

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The case centers on a 2020 Colorado ballot provision that created a universal preschool program funded by the state. To participate and receive public reimbursement, private and faith-based schools must adhere to a nondiscrimination requirement. This mandate ensures that eligible children have an equal opportunity to enroll regardless of factors such as religious affiliation, sexual orientation, or gender identity.

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Two Catholic parishes and a local family filed the lawsuit, represented by the religious public interest firm Becket. They argue that the state’s requirement forces them to choose between following church teachings on marriage and participating in a significant public benefit. The parishes contend that the Free Exercise Clause of the First Amendment should protect their right to dissent from secular policies that conflict with their religious beliefs.

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While the court has taken up the Colorado dispute, it simultaneously declined to hear a high-profile case from Massachusetts. In that matter, a couple sued a suburban school district for allowing their 11-year-old child to use a different name and access different bathrooms without their knowledge. Unlike the Colorado case, these parents based their objection on "moral and scientific reasons" rather than specifically religious grounds.

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The 6-3 conservative majority on the high court has historically been sympathetic to religious liberty claims. Earlier this year, the Trump administration submitted a brief supporting the Catholic parishes, warning that Colorado’s policy could stifle religious exercise across the nation. The court’s eventual ruling could also have broader implications for a 36-year-old precedent that currently allows the government to enforce laws that affect religion as long as they apply equally to religious and secular activities.

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Oral arguments for the Colorado case are expected to be held in the fall of 2026, with a final decision likely coming sometime in 2027. Legal experts suggest the outcome could redefine how state-funded programs interact with religious institutions that maintain exclusive membership or enrollment policies based on faith.

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