Supreme Court's Colorado case puts 1990 religious-practices precedent at issue

Can Colorado enforce anti-discrimination law without violating free-exercise rights?

The U.S. Supreme Court case over Colorado’s exclusion of Catholic preschools from a state-funded universal preschool program has placed a landmark 1990 decision at issue. The Associated Press assessed that a win for St. Mary Catholic Parish and the Archdiocese of Denver could further narrow that precedent. Justice Antonin Scalia wrote the decision, which found that religious practices do not create exemptions from laws that otherwise apply broadly.

The decision arose from a case about the spiritual use of peyote, a cactus containing mescaline that is sacred to many Indigenous people. The Associated Press described Scalia as a conservative icon and reported that the decision has long been a target of the conservative legal movement.

In the Colorado case, St. Mary Catholic Parish and the Archdiocese of Denver say it is unconstitutional to exclude their preschools from the state-funded program over an admissions policy for LGBTQ+ families. Colorado says the preschools’ refusal to admit children from those families violates the state’s anti-discrimination law.

The Catholic institutions say the policy is based on religious teachings about same-sex marriage and that excluding them from public funding violates their free-exercise rights. The Supreme Court is scheduled to hear arguments Tuesday. The Associated Press called the case the latest religious-rights case before the conservative-majority court.

The Associated Press assessed that the high court could be sympathetic to the schools. It noted that, in recent years, the justices have sided with religious schools in similar disputes, ruling that they cannot be excluded from programs in Maine and Montana that provide public aid to private schools.

The Associated Press noted that the court deadlocked in 2025 over a plan to establish a publicly funded Catholic charter school after Justice Amy Coney Barrett recused herself.

Colorado’s universal preschool program was created by a 2020 ballot measure. It provides public funding for preschool at schools chosen by parents. Becket Fund for Religious Liberty represents the plaintiffs.

The plaintiffs say Colorado has allowed other preschools to prioritize children with disabilities or those from low-income families. They argue that admission based on religious beliefs about gender and same-sex marriage should be allowed as well. Colorado says those other admissions decisions are in line with the state’s anti-discrimination rules.

The Catholic preschools say their enrollment has dropped 20% since the program started. President Donald Trump’s administration is supporting the Catholic institutions.

The question before the justices is whether Colorado can enforce its anti-discrimination law by excluding the preschools from the funding program without violating the free-exercise rights of religious institutions.