U.S. Supreme Court considers Colorado funding for Catholic preschools

The United States Supreme Court has heard oral arguments in St. Mary School v. Roy, a case concerning whether the state of Colorado must provide public funding to Catholic preschools that do not admit children from same-sex couples.

Colorado’s universal preschool program offers families subsidies for 15 hours of weekly preschool at public or private centers of their choice. However, Catholic preschools within the Archdiocese of Denver have been excluded from this benefit due to their religious doctrines regarding marriage. Advocates for the schools, supported by the Becket Fund for Religious Liberty, argue that the program’s “universal” designation should include all religious institutions.

During the hearing, Justice Brett Kavanaugh suggested that the conflict between religious freedom and marriage equality might be avoidable, noting that Colorado offers over 2,000 preschool options, while the Archdiocese of Denver operates only 34. Conversely, Colorado Deputy Attorney General Helen Norton argued that the state has an interest in ensuring public funds support schools that guarantee equal access regardless of protected status, stating that families are harmed when rejected from funded options.