The Supreme Court recently heard oral arguments in the case of St. Mary Catholic Parish v. Roy, where Catholic preschools in Colorado are challenging their exclusion from the state’s universal preschool program. At the heart of the case is the contention that the state’s requirement for preschools participating in the program to sign a nondiscrimination agreement is unconstitutional. The agreement ensures preschool services are accessible to all eligible children, irrespective of sexual orientation, gender identity, and other factors.
The plaintiffs, represented by Nicholas Reaves, argue that these requirements infringe upon their religious freedom under the First Amendment. They urge the court to apply a more stringent constitutional test than that of the lower courts, which rejected their claim. This issue echoes the Supreme Court’s 2022 decision in Carson v. Makin. In Carson, the court struck down a Maine law prohibiting public funding for schools that offer religious instruction, applying strict scrutiny – a precedent now influencing the ongoing case.
Throughout the proceedings, justices including Chief Justice John Roberts and Justice Elena Kagan expressed skepticism regarding how closely Carson should align with the current case. At the same time, other justices like Neil Gorsuch and Samuel Alito appeared sympathetic to the argument that the nondiscrimination requirement unfairly burdens religious preschools.
Employment Division v. Smith, a 1990 case establishing standards for laws neutral to religion, also played into the discussions. Some justices, like Brett Kavanaugh, seemed to ponder practical solutions that might offer a “win/win” scenario for religious freedoms and nondiscrimination principles.
The ruling, expected next year, could have significant implications concerning the balance between religious liberty and state-imposed nondiscrimination standards, impacting not only educational settings but also wider contexts involving public funding and religious entities. The decision will be watched closely, as it will clarify the extent to which religious schools can be exempted from public nondiscrimination requirements.
For more details on the proceedings, visit the full article on SCOTUSblog.