In St. Mary Catholic Parish v. Roy, the U.S. Supreme Court will hear the challenge to Colorado’s exclusion of Catholic preschools from the state’s universal preschool program.
After Colorado voters approved a universal preschool initiative in 2020, the state created a program offering families 15 hours of free preschool per week at the public or private provider of their choice. In the first year of the program, however, the state blocked families who selected Catholic preschools from participating, citing religious affiliation as the reason for exclusion.
Brought by the Archdiocese of Denver, two Catholic parishes, and two parents represented by the Becket Fund for Religious Liberty, the case argues that Colorado’s actions violated constitutional protections for the free exercise of religion and equal access to public benefits.
First & Fourteenth served as sole amicus counsel for the Colorado Association of Private Schools before the district court and in the Tenth Circuit, where the federal appeals court held that Colorado’s conditions were neutral and generally applicable to all preschools, and therefore permissible under Employment Division v. Smith.
Last week, the Supreme Court agreed to hear the case, ensuring that this First Amendment challenge to Colorado’s exclusion of Catholic preschools will be heard at the highest level.