LGBTQ+ vs religious rights: Supreme Court takes big case on preschools
LGBTQ+ vs religious rights: Supreme Court takes big case on preschools
Maureen Groppe, USA TODAY Mon, April 20, 2026 at 4:07 PM UTC
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WASHINGTON − The Supreme Court will decide whether Catholic preschools in Colorado must admit LGBTQ+ families if they want to participate in the state’s tuition-free program, another opportunity for the conservative court to build on recent high-profile rulings affirming the rights of religious groups.
The court on April 20 said it will review a ruling upholding Colorado’s nondiscrimination requirement for universal preschool.
The case tests a landmark 1990 decision, much criticized by conservatives because it blocked religious rights challenges to laws that apply to everyone and don't target a particular religious group.
The Department of Justice, which, under President Donald Trump, has taken a hard line against LGBTQ+ rights, took the unusual step of weighing in on the case without being asked by the justices. The government said it asked the court to hear the church's appeal because of the importance of the free exercise of religion.
More: Trump DOJ backs Catholic schools in Supreme Court appeal over LGBTQ+ issue
Lower courts upheld nondiscrimination policy
Lower courts said the state’s nondiscrimination policy does not target religious schools and applies to all participating preschools, using a legal standard of neutrality set in the court’s 1990 decision Employment Division v. Smith.
The Catholic Church argued that the decision should be overruled. But the court limited its review of the Colorado policy to how Employment Division v. Smith is being applied.
The Archdiocese of Denver, two Catholic parishes and two parents of preschool-age children said schools should be able to serve only families who support the church’s teachings on sexuality and gender because the state allows preschools to have admissions preferences for nonreligious reasons.
Schools, for example, can prioritize enrolling low-income children and those who need specialized learning plans.
“Our preschools exist to help parents who want an education rooted in the Catholic faith for their children,” Scott Elmer, chief mission officer for the Archdiocese of Denver, said in a statement. “All we ask is for the ability to offer families who choose a Catholic education the same access to free preschool services that’s available at thousands of other preschools across Colorado.”
Without the state subsidies, the church said, enrollment at its preschools has "swiftly declined," and parents who want to keep their children in those schools must pay thousands of dollars to do so.
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A demonstrator holds a large cross outside the U.S. Supreme Court on July 8, 2020, as the court ruled that religious institutions like churches and schools are shielded from employment discrimination lawsuits.Colorado preschool program open to public and private schools
Colorado’s preschool program − created to provide free, early education throughout the state − is open to both public and private schools.
More than 40 faith-based providers − including six Catholic Charities preschools – participate in the program, according to the state.
Participating schools must meet set criteria for teacher qualifications, classroom size and other standards. Schools must also follow nondiscrimination rules, which include providing “eligible children an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability, as such characteristics and circumstances apply to the child or the child’s family.”
Allowing schools to express a preference for enrolling children from low-income families or students with disabilities is not the same thing as granting an exception from Colorado’s nondiscrimination policy, attorneys for the state said in a filing.
The Archdiocese of Denver, which oversees 36 preschools, asks its schools not to admit a student if the family disagrees with the Catholic Church’s teachings on “biological sex and marriage.”
‘Model example’ of nondiscrimination law
In a series of rulings since 2017, the Supreme Court has said that when a state offers subsidies for private education, it cannot categorically block religious institutions from participating.
An appeals court said those rulings don’t apply to Colorado’s preschool program because faith-based schools were actively encouraged to participate and can even teach religion. Also, the nondiscrimination policy does not target religious practices, the court said.
“The program is a model example of maintaining neutral and generally applicable nondiscrimination laws while nonetheless trying to accommodate the exercise of religious beliefs,” Judge Richard Federico wrote for the Denver-based 10th U.S. Circuit Court of Appeals. “It simply means that when a school takes money from the state that is meant to ensure universal education, then its doors must be open to all.”
The case, St. Mary Catholic Parish v. Roy, is expected to be argued in the fall and decided by June of 2027.
This article originally appeared on USA TODAY: Supreme Court will hear big LGBTQ+ case related to Catholic preschools
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