Edition · Wed 04 Nov 2026
Politics Desk
Church, State and a Preschool in Colorado: The Supreme Court Signals Another Win for Religious Schools
The court's conservative majority appeared ready to let publicly funded Catholic preschools turn away the children of same-sex couples, in a case that tests how far the justices will go in remaking the line between church and state.
By Rachel · Edited by Chanan Zevin - Chief Editor and Head of Desks
Published
A case argued on Election Day
While Americans voted on Tuesday, the Supreme Court spent two hours on a question that could reach into classrooms across the country: can a religious preschool that takes taxpayer money refuse to enroll the child of a gay couple? By the end of the argument, a majority of the justices seemed inclined to say yes.
A case argued on Election Day
The case involves Colorado's universal preschool program, created by a 2020 ballot measure. Public and private schools, including religious ones, can take part, but each must give eligible children an equal chance to enroll regardless of race, religion, sexual orientation or gender identity. A Catholic parish and a Colorado family sued, saying the rule forces the church to violate its faith.
Skeptical questions for Colorado
Justice Brett Kavanaugh asked why the state had "provoked" the confrontation rather than letting Catholic schools opt out. "It seems like this is a would-be solution in search of a problem," he said. "I'm just trying to figure out why we're here."
Skeptical questions for Colorado
Justice Amy Coney Barrett pressed Colorado's deputy solicitor general, Helen Norton, on whether a rule that predictably pushes out people with contrary beliefs is any different from excluding them outright. Justice Samuel Alito ran through a list of recent Colorado cases pitting religious claims against L.G.B.T.Q. protections. Ms. Norton replied that there was "zero evidence" the state had targeted religious schools, noting that some Catholic schools already participate.
The liberal justices push back
The court's three liberal justices, sensing the outcome, aimed their sharpest questions at the other side. "We can exclude children of same-sex marriage, we can exclude children who might have transgender feelings or beliefs because exposing other children to them creates a problem," Justice Sonia Sotomayor said, summarizing what she saw as the argument against the law.
The liberal justices push back
Justice Elena Kagan warned that a ruling against Colorado could invite a flood of new claims, including from families in public schools who say that sharing a classroom with a gay or transgender classmate burdens their religion. "With respect to public schools alone, these inquiries could go on forever," she said.
The liberal justices push back
The Trump administration sided with the Catholic parish. Its lawyer, Sarah Harris, said the schools were simply asking parents to accept that they would follow the tenets of the Catholic faith.
A wall that keeps getting lower
In many ways the case is the court's own creation. In a series of decisions, including a 2022 ruling against Maine, the conservative majority has held that when states fund private schools, they cannot exclude religious ones. Maine and Colorado responded with anti-discrimination rules that the Catholic Church says it cannot accept.
A wall that keeps getting lower
Those earlier rulings left open what happens when a publicly funded religious school turns a family away. The answer, expected by the end of June, now looks likely to favor the schools, and to mark another step in the steady lowering of the wall between church and state.