The U.S. Supreme Court will consider a case later this year on whether Catholic schools participating in a State-funded preschool program in Colorado have the right to exclude students whose parents are gay or transgender.
Under the program, the State provides funds for children to enroll in a private or public school of their choice, which may be faith-based. However, all participating schools must agree to anti-discrimination rules, including that they will not block enrollment based on race, religion, sexual orientation, gender identity, income level, or disability. The Catholic schools involved in the case requested that the State allow them an exemption that would permit the schools to deny enrollment of children whose parents are gay or transgender, arguing that enrolling such students would be a violation of their religious beliefs. The State, however, denied the request. In the lawsuit, the schools allege that the nondiscrimination requirements violate their First Amendment religious freedom protections and note that the State has allowed other exemptions in the program by reserving enrollment spots for low-income students and students with disabilities. The lower courts sided with the State based on the fact that the nondiscrimination requirement applies equally to all schools, whether they are religious or not.
The preschools appealed to the U.S. Supreme Court last fall, and on Monday, the Court announced that it will consider the case during its next term beginning October 1st. The Trump administration submitted a brief to the Court earlier this year supporting the Catholic schools and encouraging justices to take up the case.
Resources:
Ann E. Marimow, “Justices to Hear Case on Catholic Preschools That Reject Children of Gay Parents,” New York Times, April 20, 2026.
