Supreme Court Conservatives Appear Sympathetic to Catholic Preschools in Colorado Case

The Supreme Court on Tuesday heard arguments in a case that could decide whether states can require religious schools to follow nondiscrimination rules in order to take part in public education programs.

The case

The case, St. Mary Catholic Parish v. Roy, involves Colorado’s universal preschool program, which pays for preschool for children across the state. Providers that join must agree to the program’s nondiscrimination requirements.

Catholic parishes that run preschools in the Denver area say those requirements conflict with their religious beliefs, including teachings on sexual orientation and gender identity, and effectively shut them out of the program. Colorado argues the rules apply equally to all providers and ensure every family can enroll.

How the arguments went

The court’s conservative majority appeared inclined to side with the Catholic preschools, according to SCOTUSblog and CBS News.

Justice Brett Kavanaugh noted that more than 2,000 preschools participate in the program, according to the coverage, and questioned how the state applies its rules in practice.

The court’s liberal justices were skeptical of the parishes’ arguments and raised concerns about how a ruling for the schools could affect families seeking access to publicly funded programs.

The legal backdrop

In recent years, the Supreme Court has ruled several times that states cannot exclude religious organizations from public benefit programs simply because they are religious. This case asks a different question: whether a state can apply neutral conditions to all participants, even when those conditions clash with a provider’s faith.

Why it matters

A ruling for the parishes could affect publicly funded programs nationwide, from preschool to foster care, wherever states attach nondiscrimination conditions to funding. A ruling for Colorado would affirm states’ ability to set uniform rules.

When to expect a decision

The justices typically issue decisions in argued cases by the end of June. A ruling in this case is expected by then.

Also this week

On Wednesday, the court heard Guerrero v. Johnson, a case about when state prisoners can file a second federal habeas corpus petition challenging their convictions.

Developing: some details in this report are preliminary or unconfirmed and are identified as such in the text.

Sources: Associated Press, CBS News, SCOTUSblog, U.S. Supreme Court.