The U.S. Supreme Court has decided to hear a significant case involving a Colorado law that mandates private religious preschools to accept children from same-sex couples to qualify for state funding. This legal challenge originates from two Catholic preschools, their affiliated parishes, the Archdiocese of Denver, and several parents, who argue that the law’s nondiscrimination requirement infringes upon religious freedoms protected under the First Amendment’s Free Exercise Clause. The legal action specifically targets Colorado’s Universal Preschool Program, which aims to provide universal, free preschool education across the state.
The plaintiffs claim that adhering to this provision would create “intractable conflicts” with their religious beliefs by obligating them to admit children of same-sex couples. Despite these arguments, a federal district court ruled in favor of the state. This decision was upheld by the U.S. Court of Appeals for the Eleventh Circuit, which found that the law did not breach constitutional protections. The appellate court referenced the framework established in Employment Division v. Smith, asserting that laws incidentally burdening religion remain valid if they are “neutral and generally applicable” and connected to a “legitimate government interest.”
The plaintiffs contend that Colorado offers multiple exemptions under this law, including those favoring children of color, gender-nonconforming children, and those from low-income families, unlike their Catholic preschools, which cater to families aligned with Catholic beliefs concerning sex and gender. They argue that the inclusion of a catchall provision effectively undermines the law’s general applicability.
Jurist details how the plaintiffs are urging the Supreme Court to reconsider and potentially overturn the precedent set by Employment Division v. Smith, citing a recent decision indicating that courts may not need to evaluate whether laws are neutral or generally applicable.
The case is part of a series of recent Supreme Court deliberations addressing LGBTQ+ rights within Colorado. Notably, the Court previously struck down a state prohibition on conversion therapy for minors and concluded that a web designer could not be forced to create wedding websites for LGBTQ+ couples.
Oral arguments are expected to take place in late 2026, drawing significant attention as both a pivotal religious freedom case and a benchmark in the ongoing discussion of LGBTQ+ rights within the U.S. legal system.