
UPDATEJustices appear ready to back Denver archdiocese in Catholic preschool case
Conservative majority presses Colorado at argument over nondiscrimination rule for its universal pre-K program
WASHINGTON — The Supreme Court heard argument Tuesday in St. Mary Catholic Parish v. Roy. The Denver archdiocese wants an exemption from a Colorado rule that bars state-funded preschools from turning away children because of their parents' sexual orientation or gender identity. NPR reported that the conservative majority seemed inclined to side with the church. Justice Gorsuch asked whether earlier religious-liberty rulings had been a waste of time. He and Justice Alito said gay and transgender parents could simply choose another school. Colorado's lawyer replied that schools are not interchangeable for working parents. Justices Jackson, Kagan and Sotomayor pressed the archdiocese's lawyer. Chief Justice Roberts was the only conservative to voice real doubt. The court has already declined to reconsider Employment Division v. Smith, the 1990 precedent that lower courts relied on. A ruling is expected by summer 2027.
Why it mattersThe outcome could set how far states may attach nondiscrimination conditions to public money that religious institutions receive.

