Justice Samuel Alito highlighted Colorado’s dismal record at the Supreme Court in the past decade on First Amendment issues when questioning the state’s requirements for its universal preschool program, which the state says must exclude Catholic schools.
The Supreme Court heard oral arguments in St. Mary Catholic Parish v. Roy, a case involving the state’s decision to bar Catholic preschools from its universal preschool programs because they refuse to comply with standards requiring schools to admit any child. Colorado defended its decision because it required the Catholic preschools to accept all families, including those who do not share Catholic beliefs, to be part of the state program. The coalition of Catholic schools argued that asking them to admit families who do not follow Catholic teachings would sacrifice their beliefs, which they say violates their First Amendment rights.
Alito questioned Colorado Deputy Solicitor General Helen Norton over the rule mandating that all people be allowed to attend schools admitted to the universal preschool program, asking if a state enacts “a condition that it knows certain religions cannot accept,” only the intent matters when determining whether it was religious discrimination. Norton responded that intent is a key part in determining whether a law is unlawful religious discrimination.
Alito continued to grill Norton, dismissing the notion that the requirement would not receive pushback from religious schools and noting the state’s past losses at the Supreme Court in 2025’s Chiles v. Salazar, 2023’s 303 Creative v. Elenis and 2018’s Masterpiece Cakeshop v. Colorado Civil Rights Commission.
“We have little evidence of a practical problem, little evidence, if any evidence — you’ll tell me if I’m wrong — that there are LGBTQ couples who cannot find other preschools to send their children to. And we have your state’s record in recent First Amendment cases to which Justice [Amy Coney] Barrett referred: Chiles v. Salazar last term, violation of the First Amendment rights of the Christian counselor; 303 Creative in 2021, violation of the First Amendment rights of a Christian website designer; Masterpiece Cakeshop in 2015, violation of the First Amendment rights of the Christian baker,” Alito said. “What should we make of all of this?”
Colorado is seeking to avoid a fourth loss this decade on First Amendment grounds, but a majority of the justices on the Supreme Court appeared likely to side with the group of Catholic preschools, adding to the Centennial State’s poor record.
SUPREME COURT APPEARS POISED TO HAND COLORADO MAJOR LOSS IN RELIGIOUS PRESCHOOL CASE
The high court is expected to issue a ruling in the case by the end of June 2027, when the current term is set to conclude.
Next month, the high court will hear oral arguments in multiple high-profile cases, ranging from “assault weapons” bans to President Donald Trump’s “third country” deportation policy. Rulings in those cases are also expected by the end of June 2027.
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[ H/T Washington Examiner ]
