When Colorado launched its Universal Preschool Program in 2023, the goal was simple: Give every 4-year-old in the state access to free, publicly funded education. To deliver on that promise, the state allowed both public and private providers – including faith-based preschools – to participate, provided they abide by the program’s rules.

Those include a requirement not to discriminate against students or families based on sexual orientation or gender identity – which quickly triggered a legal battle.

Catholic preschool providers and the parents of a preschool-age child challenged the requirement in court, arguing that forcing them to sign the agreement unconstitutionally burdened their faith. They allege that because their religious beliefs teach that marriage is strictly between a man and a woman, complying with state antidiscrimination rules would force them to compromise their religious values.

As professors of education law, we see this case as the latest chapter in a struggle over how to balance civil rights protections with the rights of religious organizations. St. Mary Catholic Parish v. Roy is also part of a broader constitutional debate over when and under what conditions religious schools may receive public support.

The U.S. Supreme Court will hear oral arguments on Nov. 3, 2026. Justices will be poised to decide a fundamental constitutional question: When state governments extend taxpayer dollars to private institutions, particularly religious ones, can they require those institutions to follow basic antidiscrimination rules?

The lower courts largely sided with Colorado. Both a federal district court and the 10th Circuit Court of Appeals ruled that the state was not targeting or punishing Catholic preschools because of their faith.

Instead, the courts concluded that Colorado had set a neutral, generally........

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