The U.S. Supreme Court announced today that it will hear arguments in St. Mary Catholic Parish v. Roy, a First Amendment challenge involving Colorado’s Universal Preschool Program and its nondiscrimination requirements. The court announced the argument date today as part of its November calendar for the 2026-27 term, scheduling the Colorado case for the same day as the midterm elections. The dispute involves Catholic parishes and preschools that contend Colorado’s requirement that participating schools provide equal enrollment opportunities regardless of characteristics including sexual orientation and gender identity conflicts with their religious beliefs.
The Catholic schools argue that conditioning participation in the publicly funded preschool program on compliance with those requirements violates their First Amendment right to freely exercise their religion. Colorado maintains that the nondiscrimination provisions are neutral requirements that apply to providers participating in the program. The 10th U.S. Circuit Court of Appeals sided with the state, and the Supreme Court agreed in April to hear the case. The justices will consider when exceptions to a government policy mean it is no longer generally applicable and whether the government may condition access to a public benefit on a religious institution changing its religious practices.
The Supreme Court announced last week that it will also hear another closely watched Colorado case when it opens its 2026-27 term Oct. 5. In Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, the justices will consider whether federal law preempts state-law claims brought by Boulder County and the city of Boulder seeking damages from fossil fuel companies for alleged climate-related harms. The Colorado Supreme Court allowed the lawsuit to proceed, rejecting the companies’ argument that the claims are governed exclusively by federal law. The Supreme Court granted review in February and announced Aug. 4 that the case will be the first argument of its new term.
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