Supreme Court hears arguments on religious preschool funding

The U.S. Supreme Court heard oral arguments on Nov. 3 regarding whether religious preschools participating in Colorado’s universal, state-funded program can be required to follow non-discrimination policies. The case, St. Mary Catholic Parish v. Roy, centers on whether these state mandates, which include protections based on sexual orientation and gender identity, infringe upon the First Amendment rights of religious institutions.

The petitioners, including St. Mary Catholic Parish, the Archdiocese of Denver, and two parents, contend that the state requirements force them to choose between participating in a public program and adhering to their religious beliefs. Counsel for the petitioners, Nicholas R. Reaves, characterized the state's position as a policy that effectively excludes Catholic institutions, arguing that the schools are being asked to abandon their religious exercise to access a program open to the public.

Representing the state, Helen Norton argued that the non-discrimination rules are neutral and generally applicable. The state maintains that these requirements are necessary to ensure equal access for all children to publicly funded services. The U.S. Court of Appeals for the 10th Circuit previously ruled in favor of the state, upholding the requirements.

During the proceedings, Justice Elena Kagan questioned the request for an exemption, noting that the petitioners are seeking a special accommodation despite religious providers being treated the same as other participants under the state's rules. The United States government, appearing as amicus curiae, presented arguments in support of the petitioners.

The Court will deliberate on the matter and issue a ruling at a later date.