Supreme Court to hear Catholic preschools' challenge to Colorado's nondiscrimination rule

The Supreme Court is set to hear arguments on Tuesday in St. Mary Catholic Parish v. Roy, a case over whether Colorado can keep Catholic preschools out of its universal preschool program. Colorado voters approved the program in 2020.

Families are reimbursed for 15 weekly hours of preschool, which CBS News says is worth more than $6,000 a year. Participating preschools must give eligible children an equal opportunity to enroll, regardless of religion, sexual orientation, gender identity and other factors. The Archdiocese of Denver sought an exemption because its Catholic preschools admit only families who follow church teaching.

The state denied it, and none of the archdiocese's preschools take part. The archdiocese, two parishes and parents sued in 2023, arguing the exclusion violates the Free Exercise Clause of the Constitution. A federal district court ruled for the state, and the 10th Circuit upheld that ruling.

The justices agreed in April to hear the case. The court has a 6-3 conservative majority. The Trump administration has filed a brief supporting the Catholic preschools.

According to the Deseret News, a ruling could come any time up to the end of the term in late June.

For Colorado families with 4-year-olds, the program reimburses 15 hours of preschool a week, which CBS News says amounts to more than $6,000 a year. Colorado estimates about 40,000 eligible children. Parents Lisa and Daniel Sheley estimate they have lost about $24,000 in reimbursements because their children attend a Catholic preschool outside the program. The Deseret News reports a ruling could come any time up to late June.