Supreme Court Signals Support for Religious Schools Excluding LGBTQ+ Families

The Supreme Court's conservative majority signaled on Tuesday that it may rule in favor of Catholic parents and schools seeking to participate in a Colorado universal preschool program while maintaining policies that exclude children of LGBTQ+ couples. The case, St. Mary Catholic Parish v. Roy, centers on a First Amendment challenge to a state requirement that participating schools sign a nondiscrimination agreement prohibiting bias based on sexual orientation and gender identity.

Colorado's universal preschool program provides families with about $6,000 per child annually for 15 hours of free weekly preschool at a public or private school of their choice. Petitioners, represented by the religious public interest firm Becket, argued that the state's nondiscrimination provision violates their religious freedom rights by excluding religious schools that decline to enroll children of same-sex couples based on their faith. They also asserted that Colorado permits various other exemptions.

Defending the state's policy, Helen Norton, an attorney for the Colorado Department of Early Childhood, argued during oral arguments that the regulations advance equal opportunity by accommodating distinct needs, such as supporting children with visual impairments or those affected by poverty. "Schools advance equal opportunity when they recognize that a child with a visual impairment needs different treatment in order to learn," Norton stated.

Throughout the two-hour oral arguments, the court's conservative justices questioned the necessity and impact of the state's provision. Justice Samuel Alito pointed out that the requirement carries a severe impact on specific religions that could have been anticipated, adding that there is minimal evidence showing LGBTQ+ couples cannot find alternative preschools. Justice Brett Kavanaugh questioned why Colorado pursued a confrontation rather than a compromise that respected religious rights, asking why the state missed a win-win scenario.

Conversely, the court's liberal wing raised concerns about the broader implications of ruling against the state. Justice Sonia Sotomayor challenged the position of the Trump administration, which opposes the Colorado law, remarking that the argument essentially asserts a right to exclude individuals simply because exposure to them is deemed problematic. Justice Elena Kagan warned that an adverse ruling for Colorado could lead to endless future litigation where religious individuals argue that sharing a public space with gay or transgender peers burdens their beliefs.

The legal battle follows a series of recent high court decisions expanding public funding access for religious educational institutions, including rulings concerning programs in Montana and Maine, as well as the 2018 Masterpiece Cakeshop case involving a Colorado baker. Justice Alito also highlighted Colorado's history in recent First Amendment disputes during the session.

A final decision in St. Mary Catholic Parish v. Roy is expected by the end of June as part of the court's current term. Meanwhile, the political and legal ramifications of the court's prospective direction extend into broader discussions about judicial appointments, as a newly shifted Democratic Senate majority prepares to potentially block future high court nominations.