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Supreme Court to hear case over public funding for Catholic preschools that bar kids from LGBTQ+ families

Published November 1, 2026 8:01 AM MST

The U.S. Supreme Court building is reflected on the rain slicked plaza during a evening rain shower on October 11, 2026 in Washington, DC. (Photo by J. David Ake/Getty Images)

A Catholic preschool’s challenge to a Colorado anti-discrimination law goes before the U.S. Supreme Court this week. 

Big picture view:

The lawsuit filed by St. Mary Catholic Parish is the latest one involving religious liberties to go before a conservative-majority high court that has taken a broad view of the issue in many recent rulings, Reuters reported. 

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The backstory:

The parish argues that its preschool should be allowed to participate in Colorado’s state-funded universal early childhood education program. The plaintiffs, who also include the Archdiocese of Denver and other Catholic bodies, contend they were left out because of the school’s admissions policy, which excludes kids from LGBTQ+ families. 

The other side:

Colorado counters that religious institutions are welcome to participate in the initiative, but they must follow nondiscrimination laws. Colorado officials have accused the plaintiffs of trying to get legal permission to discriminate against 4-year-olds and their families. A spokesperson for the Colorado Department of Early Childhood told Fox News that the agency would not comment on pending litigation. 

Dig deeper:

The universal preschool program provides public funding for preschools that are selected by parents, the Associated Press explained. It was enacted after a 2020 ballot measure. 

The case will be argued before the justices on Tuesday, Nov. 3. 

The Source: Information for this article was taken from the Supreme Court docket, Fox News, the Associated Press, and Reuters. This story was reported from Orlando, Florida.



 

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