The Supreme Court agreed Monday to hear an appeal from St. Mary Catholic Parish and other Catholic preschools that claim Colorado violated their religious rights. The schools argue it is unconstitutional to be excluded from a state-funded free preschool program over their faith-based admission policies.
The facilities contend they are being barred from the taxpayer-funded program because of their restrictions on the enrollment of LGBTQ+ families and children. Colorado has responded that religious schools are welcome to participate in the program but must follow the state's nondiscrimination laws.
Supported by the Republican Trump administration, the case will lead the court to consider narrowing a landmark 1990 decision regarding the spiritual use of peyote. That previous ruling, authored by Justice Antonin Scalia, found that religious practices do not create exemptions from broadly applicable laws. The justices declined a push from the schools and the Archdiocese of Denver to overturn that ruling entirely.
The case will be heard in the fall and serves as the latest religious rights challenge before the conservative-majority court.