No. 25-581October Term 2025Before Arguments
St. Mary Catholic Parish, Littleton, Colorado, et al., Petitioners v. Lisa Roy, in Her Official Capacity as Executive Director of the Colorado Department of Early Childhood, et al.
Colorado’s universal preschool program funds public and private providers but requires participating schools to agree not to exclude children based on characteristics including sexual orientation and gender identity.
Case status
- Current stage
- Before Arguments
- Latest event
- Argument scheduled Nov 3, 2026
- Decision timing
- Usually later in the same term.
- What it's about
Colorado’s universal preschool program funds public and private providers but requires participating schools to agree not to exclude children based on characteristics including sexual orientation and gender identity. Catholic parishes and the Archdiocese of Denver argue that the state may not exclude their preschools while allowing various secular exemptions; the Supreme Court will decide whether Colorado’s policy violates the Free Exercise Clause and rules against religious exclusion from public-benefit programs.
Question presented
Whether a law lacks general applicability under the Free Exercise Clause only if it permits unfettered discretion or secular exemptions, and does the rule against excluding religious institutions from public benefits apply only to explicit government bans on participation?
- Case path
United States Court of Appeals for the Tenth Circuit / Argument scheduled Nov 3, 2026
- Area
First Amendment
Timing
Expected by late June 2027
Argument is on the calendar for November 3, 2026. Decisions typically follow within about 94 days of argument. Nearly all opinions are released before the term ends in late June or early July 2027.
Briefing
What it's about
Colorado funds public and private preschools through its universal preschool program, but participating schools must agree not to exclude children based on traits including sexual orientation and gender identity. Catholic parishes and the Archdiocese of Denver say that requirement unlawfully keeps their preschools from participating while Colorado allows secular exemptions.
Argument
The case is pending and is scheduled for oral argument on November 3, 2026. The Catholic petitioners argue Colorado's exemptions make its policy unfair to religion, while the Tenth Circuit concluded the secular exemptions and discretion did not undermine general applicability.
Impact
The case could determine whether religious preschools can receive universal-preschool funds while following their religious admissions policies. It directly affects Colorado families seeking publicly funded preschool at Catholic schools.
What is at stake in St. Mary Catholic Parish v. Roy?
The Court will examine whether Colorado can condition universal-preschool funding on compliance with its nondiscrimination rule for religious schools.
Who could be affected by Colorado's preschool case?
Catholic preschools and families seeking publicly funded preschool could be affected. The outcome could shape participation rules for religious providers.
When is the next step in St. Mary Catholic Parish v. Roy?
Oral argument is scheduled for November 3, 2026. The Court would usually issue a decision later that term.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 3, 2026
- Method
- Methodology