Supreme Court to Hear Colorado Preschool Funding Case

Conflicting Facts
  • April 20, 2026 at 12:14 PM ET
  • Est. Read: 2 Mins
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Key Takeaways

The Supreme Court will hear a case involving Colorado's universal preschool program and its nondiscrimination requirements. Catholic preschools argue they are being excluded due to their admission policies regarding LGBTQ+ families.

  • Supreme Court agrees to hear appeal from St Mary Catholic Parish and Archdiocese of Denver
  • Case involves exclusion from state-funded preschool program over LGBTQ+ admission policies
  • Colorado argues religious schools must follow nondiscrimination laws to participate
  • Justices will consider narrowing a 1990 decision on religious exemptions

The U.S. Supreme Court has agreed to hear an appeal from Catholic preschools in Colorado that claim the state violated their religious rights by excluding them from a taxpayer-funded universal preschool program due to their admission policies regarding LGBTQ+ families, according to multiple reports. The court will consider whether it is constitutional to bar these facilities from the program because of their faith-based restrictions on admitting such families and children.

The case, supported by the Trump administration, involves St. Mary Catholic Parish and the Archdiocese of Denver, which oversees 34 Catholic preschools. The state argues that religious schools are welcome to participate in the program but must comply with nondiscrimination laws. The program was created by a 2020 ballot measure and provides public funding for free preschool at centers selected by parents.

This case is part of a series of religious rights cases heard by the conservative-majority court, which has previously backed claims of religious discrimination while taking a more skeptical view of LGBTQ+ rights. As part of this case, the court will also consider narrowing a landmark 1990 decision regarding the spiritual use of peyote and whether religious practices create exemptions from broadly applicable laws.

The justices declined to overturn the 1990 ruling but will hear arguments in the fall. The Trump administration has backed the request by the Catholic plaintiffs for the Supreme Court to hear the case, arguing that under the current ruling, Catholic preschools must forgo state subsidies if they want to prefer families who follow Catholic teachings on gender identity and sexual orientation.

The legal battle centers around Colorado's universal preschool program, which provides state funding for families to send their 4-year-olds to the preschool of their choosing. The program includes a nondiscrimination provision that requires all providers to ensure children have equal opportunity to attend regardless of their or their parents' religious affiliation, race, ethnicity, sexual orientation, gender identity, lack of housing, income level, or disability.

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