The Court’s Latest LGBTQ+ Case Could Reshape Who Gets Included in Preschool
Just as Colorado’s preschool promise expands, the Supreme Court may decide whether inclusion rules or religious autonomy determine which families are truly welcome.
The Supreme Court will take up a dispute this fall that could define how far states may go in conditioning public preschool funds on LGBTQ+ inclusion. In St. Mary Catholic Parish v. Roy, the justices will review Colorado’s requirement that preschools accepting universal preschool vouchers comply with a nondiscrimination rule covering sexual orientation and gender identity. The controversy sits at the intersection of family access and religious autonomy, and it asks whether a state may attach parity conditions to public benefits without violating constitutional protections for faith-based providers.
Colorado’s 2020 program offers about 15 hours a week of free preschool, worth roughly $6,000 per child, through participating providers, including private and religious schools. But participation comes with strings. The state refused to exempt two Catholic parish preschools and the Archdiocese of Denver from admitting children of same-sex couples under the program’s nondiscrimination terms. Those schools argued that compliance would contradict Catholic teaching and burden their religious exercise. Lower courts upheld Colorado’s position, concluding that the state could define the terms on which public funds flow.
The doctrinal stakes are substantial. The Court has recently limited state exclusions of religious entities from generally available public benefits, yet it has also recognized government authority to impose conditions tied to program objectives. This case sharpens that tension. If the justices frame the vouchers as neutral aid reaching schools through private choice, the preschools may claim Colorado can’t force surrender of religious autonomy as the price of participation. If the Court emphasizes Colorado’s anti-discrimination mandate, the state may prevail on the theory that publicly financed preschool must remain on an equal footing for LGBTQ+ families.
The ruling could shape preschool markets nationwide. It may determine whether states can preserve broad LGBTQ+ family access while partnering with religious providers, or whether faith-based schools may participate on terms more closely aligned with their doctrines.
Profile Author / Editor / Publisher
- Dora Kay Saparow came out in a conservative Nebraskan town where she faced both misunderstanding and acceptance during her transition. Seeking specialized support, she moved to a big city, where she could access the medical, legal, and social resources necessary for her journey. Now, thirteen years later, Dora is fully transitioned, happily married, and well-integrated into society. Her story underscores the importance of time, resources, and community support, offering hope and encouragement to others pursuing their authentic selves.
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