Catholic preschools shut out of Colorado’s free pre-K program have taken their case to the Supreme Court, and the families say their faith is costing them thousands.
Story Snapshot
- The Supreme Court heard arguments in St. Mary Catholic Parish v. Roy on Tuesday, November 3.
- Colorado barred the Archdiocese of Denver’s 34 preschools from its free pre-K program over their enrollment rules.
- Two Catholic families say being left out cost them about $18,000 and $24,000.
- The Trump administration backs the parishes, and a ruling is expected by summer.
- The parishes say the state lets more than 1,000 other preschools use exceptions to serve their own communities, but will not allow a religious one; Colorado says those preferences are not the same thing.
- At Tuesday’s argument, the Court’s conservative majority appeared sympathetic to the Catholic preschools, Reuters reported.
What The Case Is About
The Supreme Court heard arguments on Tuesday, November 3, in a fight over whether Colorado can keep Catholic preschools out of a free program it calls “universal.” The state says the schools broke its rules by limiting who they enroll. The schools say they are being punished for living by Church teaching on marriage and family.
Here is why the state said no. To join the program, a preschool must sign an agreement to give every eligible child an “equal opportunity to enroll.” That rule covers race, religion, income, disability, sexual orientation and gender identity. The Catholic preschools admit only families who accept Catholic teaching on marriage, family and sexual identity, so they asked for a religious exemption. The state refused. It said the schools could give members first preference but could not turn families away.
Colorado voters created the program in 2020 to make preschool free for 4-year-olds. It pays for 15 hours a week, worth more than $6,000 a year per child. The Archdiocese of Denver runs 34 preschools, and none of them take part.
The Families Paying The Price
Daniel and Lisa Sheley estimate they have lost about $24,000 in state payments by keeping their children in Catholic preschool. Another mother, Erika Nagle, says the program would have saved her family about $18,000. “We’re being forced to pay the price because of our Catholic beliefs,” Nagle said. Lisa Sheley put it simply: “It was billed as universal.”
The families, the archdiocese and two parishes sued in 2023. They are represented by the Becket Fund for Religious Liberty, a law firm that takes religious freedom cases. “This case is about whether states can do things like promise a universal program and then leave religious folks out,” said Becket lawyer Amanda Dixon.
Colorado’s Answer
Colorado says the Catholic schools “remain welcome to participate” if they follow the same rule as everyone else. The state says religious preschools can still teach their faith and set their own lessons. What they cannot do, it says, is turn away children because of who their parents are. A lower federal court and the Tenth Circuit Court of Appeals, the federal appeals court that covers Colorado, both sided with the state. They found the rule “neutral and generally applicable,” meaning it applies to everyone and does not single out religion.
That phrase matters. Under a 1990 Supreme Court ruling, a law that treats everyone the same can usually stand even if it burdens someone’s faith. A law that targets religion, or makes exceptions for some groups but not for religious ones, must pass “strict scrutiny,” the toughest test in the law.
Why The Parishes Think They Can Win
The parishes point to a 2022 ruling that struck down Maine’s exclusion of religious schools from a tuition program. They also say Colorado is not treating everyone the same. According to the parishes, the state lets more than 1,000 other preschools serve their own communities through exceptions, and it lets some providers give priority to low-income children or children with disabilities. If those exceptions are allowed, the parishes say, a religious one should be too. Colorado answers that those preferences fit its equal-access goal and are not the same thing.
The Trump administration filed a brief siding with the Catholic schools. Republican-led states also back the parishes, while Democratic-led states back Colorado.
What The Justices Said
At Tuesday’s argument, the Court’s conservative majority appeared sympathetic to the Catholic preschools, Reuters reported, though some justices questioned the parishes’ main argument. Chief Justice John Roberts noted that the laws struck down in earlier religious-school cases “expressly discriminated against religious schools on its face,” adding, “That’s not the case here.” Justice Sonia Sotomayor told the Justice Department lawyer backing the parishes, “What you’re basically saying is, we can exclude people merely because exposure to them would cause us harm.” Justice Ketanji Brown Jackson said the parishes were asking for “a special rule for religious schools.” The justices have not ruled.
What Comes Next
A ruling is expected by the end of the Court’s term, which usually wraps up by early July. A win for the parishes could open state-funded programs across the country to faith-based schools that keep their own admissions rules. A win for Colorado would let states require equal enrollment from every school that takes public money. For the Sheleys, Nagle and the 34 preschools, the answer will decide whether “universal” includes them.
Sources:
cbsnews.com, scotusblog.com, supreme.justia.com, law.justia.com, justice.gov, cdec.colorado.gov
