Supreme Court hears Colorado preschool dispute but leaves Smith precedent intact
Updated
Updated · SCOTUSblog · May 5
Supreme Court hears Colorado preschool dispute but leaves Smith precedent intact
4 articles · Updated · SCOTUSblog · May 5
The justices will review St. Mary Catholic Parish v. Roy next term after the Catholic preschool challenged exclusion from Colorado's universal preschool programme over LGBTQ admissions rules.
The court declined to revisit Employment Division v. Smith, the 1990 ruling limiting free exercise claims against neutral, generally applicable laws.
The move echoes 303 Creative and suggests the court may keep narrowing Smith through exemption cases rather than formally overruling it.
Will granting religious exemptions in education create a new era of publicly-funded discrimination in other essential services?
If public funds can support schools that exclude certain families, what is the new line between religious freedom and civil rights?
Supreme Court to Decide if Religious Preschools Can Reject LGBTQ Families While Receiving Public Funds
Overview
The Supreme Court agreed in 2026 to hear St. Mary Catholic Parish v. Roy, a case challenging Colorado's exclusion of Archdiocese-run preschools from its universal preschool program for refusing to admit children with same-sex parents. The Archdiocese argues that Colorado's nondiscrimination rules are not generally applicable due to secular exemptions, invoking a legal shift following the 2021 Fulton decision that narrowed the 1990 Smith precedent. A ruling for St. Mary could allow religious institutions receiving public funds to deny services to LGBTQ+ families, raising concerns about reduced access to taxpayer-supported programs. This case reflects a broader trend of the Court applying strict scrutiny to laws burdening religious exercise, potentially reshaping the balance between religious freedom and LGBTQ+ rights in public funding.