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Supreme Court to hear Catholic parish's challenge after Colorado barred schools from universal pre-K program
By Stephen Sorace
Published April 20, 2026
The Supreme Court has agreed to hear a Catholic parish's argument after Colorado excluded its schools from the state's program that pays for families to send their children to the preschool of their choice, public or private.
The oral arguments in the case of St. Mary Catholic Parish v. Roy are expected to take place this fall.
The case could redefine how states balance anti-discrimination laws with religious freedom.
The Archdiocese of Denver, which oversees 34 Catholic preschools, argues that its schools are an extension of the church’s ministry.
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The facade of the U.S. Supreme Court building is seen in October 2024. (Valerie Plesch/picture alliance via Getty Images)
To maintain the integrity of their religious environment, the Archdiocese says its schools admit only families who support Catholic beliefs, including on sex and gender.
A woman holds a rosary during a holy mass and prayers for the healing of Pope Francis at Saint John Lateran archbasilica in Rome, on February 23, 2025. (TIZIANA FABI/AFP via Getty Images)
Colorado officials, however, maintain that the Universal Preschool Program is designed to be inclusive of all children, regardless of their background or their family’s identity.
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The state argues that while faith-based providers are welcome to participate in the program, they must follow the same rules as secular schools.
A girl raises her hand in a classroom. (Getty Images, File)
The Archdiocese views the exclusion as a violation of its religious exercise, while the state views the parish's enrollment policies as a barrier to universal civil rights.
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When the Supreme Court hears oral arguments this fall, the justices will look to address whether a state can require a religious institution to set aside its core tenets in order to participate in a state-funded program.
Fox News' Bill Mears contributed to this report.
https://www.foxnews.com/politics/supreme-court-hear-catholic-parishs-challenge-colorado-barred-schools-universal-prek-program