The Supreme Court is scheduled to hear oral arguments in St. Mary Catholic Parish v. Roy, a dispute over Colorado's universal prekindergarten program and the religious exercise rights of Catholic schools.

Colorado voters approved the program in 2020, providing up to 15 hours of free preschool weekly for every 4-year-old in the state. The initiative allows public and private providers to participate, but requires them to sign agreements promising nondiscrimination on the basis of sexual orientation and other factors.

Catholic preschools affiliated with the Archdiocese of Denver challenged their exclusion, arguing that participation would force them to violate core teachings on marriage and sexuality by admitting children of same-sex parents or those identifying as transgender. The schools and supporting parents contend the state's policy amounts to religious discrimination barred by the First Amendment's Free Exercise Clause.

This case follows the court's recent decisions expanding access for religious institutions to generally available government benefits. Rulings in Trinity Lutheran Church of Columbia v. Comer (2017), Espinoza v. Montana Department of Revenue (2020), and Carson v. Makin (2022) struck down exclusions of religious entities from public aid programs.

Lower courts sided with Colorado, finding the state could condition funding on compliance with its nondiscrimination rules. The challengers, represented by the Becket Fund for Religious Liberty, ask the justices to apply Carson and related precedents to require an exemption.

Justice Amy Coney Barrett, who recused in a prior related matter, is expected to participate, allowing a full nine-justice court to decide. The outcome could affect religious providers in other states with similar universal programs and clarify the limits of state authority to impose anti-discrimination conditions on faith-based entities receiving public funds.

Oral arguments begin Tuesday morning.