On Nov. 3, the Supreme Court will hear oral argument in St. Mary Catholic Parish v. Roy, a dispute over Colorado's universal preschool program. The program funds public, private, and religious preschools that agree to admit children without regard to religion, sexual orientation, or gender identity. Two Catholic parish preschools and the Archdiocese of Denver argue that their faith requires them to consider a family's sexual orientation and gender identity in admissions, and they are seeking an injunction against the requirement.
The U.S. Court of Appeals for the 10th Circuit upheld the Colorado law, applying the 1990 decision in Employment Division v. Smith, which held that neutral, generally applicable laws do not violate the free exercise clause. The appeals court found the preschool rule was neutral and applied equally to all schools. The Supreme Court granted review on two narrower questions: whether a lack of general applicability under Smith requires showing unfettered discretion or categorical exemptions, and whether the Court's 2022 decision in Carson v. Makin displaces Smith only when the government explicitly excludes religious institutions.
The case is significant because the Court may use it to overrule Smith, a step urged by several conservative justices in recent opinions. The source notes a striking ideological reversal: Smith was once criticized by liberals and defended by conservatives, but now the Court's conservative majority is pushing to expand religious exemptions while liberal justices defend the older framework. The outcome could determine how far governments may go in applying anti-discrimination rules to religious organizations that receive public funds.