Supreme Court Hears Catholic Preschools' Challenge to Colorado Program Rules

What happened

The justices took up St. Mary Catholic Parish v. Roy, docket No. 25-581, which the Court set for argument on Tuesday, November 3, 2026 ^[1]. Review was granted only on the first two questions in the petition, and a request from the Solicitor General to split argument time was also granted ^[1]. The case arrived from the Tenth Circuit, which decided it on September 30, 2025 ^[1].

St. Mary Catholic Parish and the Archdiocese of Denver say their admissions approach rests on church teaching about same-sex marriage, and that shutting them out of the state-funded program infringes their free-exercise rights ^[2]. Colorado counters that turning away children from LGBTQ+ families breaks its anti-discrimination law ^[2].

How it affects Americans

Colorado's program offers 15 hours per week of state-funded preschool, according to the Guardian ^[3]. Our read: the outcome could shape how states attach nondiscrimination conditions to money that flows to religious providers. The Guardian reports a decision could reshape the relationship between religious freedom and nondiscrimination laws in the US ^[3].

The schools note that other participating preschools may give priority to children with disabilities or from low-income families, and argue faith-based admissions deserve the same room ^[2]. Colorado replies that those preferences fit within its anti-discrimination rules ^[2].

The Veil Press view

The Trump administration is backing the Catholic institutions, PBS reports ^[2]. According to the Guardian, Colorado says the schools "remain welcome to participate in" the program if they accept the same equal-opportunity terms as other funded preschools ^[3]. Our read: the dispute turns on whether a uniform condition counts as exclusion. A lower appeals court sided with the state, finding Colorado "did not exclude" religious preschools ^[3].

What we know

Confirmed

• The case was set for argument on Tuesday, November 3, 2026 ^[1].
• The Solicitor General's motion for divided argument was granted ^[1].

Still being reported

• The Becket Fund for Religious Liberty represents the schools, per both outlets ^[2][3].
• Colorado ties participation to its equal-opportunity or anti-discrimination requirements, both outlets report ^[2][3].
• The Catholic preschools say their enrollment has dropped 20% since the program started, according to PBS ^[2].
• PBS reports a win for the preschools could further narrow a 1990 Supreme Court decision on religious exemptions ^[2].
• No ruling has been issued, and the docket shows no decision in the case ^[1].