CA, US & World
Supreme Court Could Revisit Landmark Ruling on Religious Freedom
The U.S. Supreme Court is weighing a case that could reshape the legal boundaries between religious freedom and state nondiscrimination requirements, potentially reopening a landmark ruling written by conservative Justice Antonin Scalia.
The case involves two Catholic preschools and the Archdiocese of Denver, which want to participate in Colorado’s universal preschool program without signing a state nondiscrimination agreement covering sexual orientation and gender identity.
Colorado officials argue the requirement protects children and families and does not violate the First Amendment. A federal appeals court agreed with the state, relying on the Supreme Court’s 1990 decision in Employment Division v. Smith.
That ruling involved two members of a Native American church who lost their jobs after using peyote as part of a religious ceremony. Scalia wrote that neutral laws that apply generally do not automatically require religious exemptions, even when they incidentally burden religious practices.
The decision drew criticism from religious freedom advocates, who argued it weakened constitutional protections. Congress responded in 1993 by passing the Religious Freedom Restoration Act, which restored a stricter standard for evaluating federal laws that burden religious exercise. The law does not apply in the same way to state and local governments.
In the years since, the Supreme Court has increasingly sided with religious groups in disputes involving government policies. Several conservative justices have also expressed interest in overturning the Smith decision entirely.
The Trump administration is supporting the Catholic groups, arguing that Colorado’s rules are not applied consistently and that the state should not deny public benefits based on religious beliefs. Colorado disputes that interpretation, maintaining that its nondiscrimination requirements are lawful and generally applicable.
The justices’ decision could determine whether the state must allow the religious preschools to participate in the publicly funded program without agreeing to the same nondiscrimination conditions imposed on other participants.
The case also raises broader questions about how courts should balance religious liberty with protections against discrimination. A ruling could affect future disputes involving religious organizations and state or local government programs.
By: NBC Palm Springs
October 28, 2026
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