The Supreme Court agreed Monday to hear a challenge from two Catholic preschools in Colorado that were denied access to the state's universal preschool funding program because they refused to enroll children with parents in same-sex relationships.

The case, St. Mary Catholic Parish v. Roy, docketed as 25-581, pits religious liberty claims against Colorado's nondiscrimination requirements for providers receiving public funds. Petitioners include St. Mary Catholic Parish in Littleton and another parish operating preschools under the Archdiocese of Denver. They sued Lisa Roy, executive director of the Colorado Department of Early Childhood, and other officials.

Colorado voters approved Amendment 77 in 2020, creating the Universal Preschool (UPK) program. It offers 15 hours per week of free preschool for all 4-year-olds starting at age eligibility. Private providers, including faith-based ones, can participate if they comply with quality standards and a nondiscrimination policy. That policy bars denial of enrollment based on a child's race, sexual orientation, gender identity, marital status of parents, or other protected categories.

The preschools sought to join UPK but declined to sign the agreement, arguing it would force them to violate Catholic teachings on marriage and sexuality. They believe enrolling such children would endorse same-sex relationships, conflicting with their faith. A Catholic family whose children attend one of the preschools also joined the suit.

A federal district court denied their request for an injunction, and the 10th U.S. Circuit Court of Appeals affirmed on September 30, 2025. The appeals court held the nondiscrimination rule is a neutral law of general applicability that does not target religion.

Petitioners, represented by the Becket Fund for Religious Liberty, filed for certiorari on November 13, 2025. They argue the law is not generally applicable due to exceptions for low-income or disabled children and seek to limit or overturn the 1990 precedent Employment Division v. Smith. The Trump administration filed a brief supporting them, warning that upholding the rule could restrict religious exercise nationwide.

"The Free Exercise Clause simply cannot do that important work—which this court has described as 'at the heart of our pluralistic society'—if it can be so easily evaded," the petitioners wrote in their filing.

The Court granted certiorari limited to the first two questions presented: whether the UPK nondiscrimination provision violates the Free Exercise Clause and whether it qualifies as neutral and generally applicable. Oral arguments are expected during the October 2026 term, with a decision likely by June 2027.

The case continues a series of Supreme Court rulings favoring religious plaintiffs in education funding disputes, including decisions allowing faith-based schools to receive public aid without sacrificing religious practices. It follows the Court's recent 6-3 ruling supporting parents opting children out of LGBTQ-themed curricula.