Religious schools and public funding
St. Mary Catholic Parish v. Roy
In brief
- Where it stands
- Argument Scheduled
Oral argument November 3, 2026
- 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.
- What's at stake
- 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.
Summary: written with AI from the case record.

What it's about
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.
The dispute tests how the Free Exercise Clause protects religious groups seeking access to government-funded 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?
What happens next
Expected by late June 2027
Argument is on the calendar for November 3, 2026. Decisions typically follow within about 93 days of argument. Nearly all opinions are released before the term ends in late June or early July 2027.
Docket activity
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More questions
- 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.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.