The U.S. Supreme Court will consider an appeal from a Colorado-based coalition of Catholic preschools who allege they were excluded from a “universal” government tuition program for preschoolers.
After granting the appeal on April 20, the court will likely hear the case in the fall.
The Colorado universal preschool program provides tuition assistance to families for a school of their choice, whether public or private, but the state government excluded Catholic preschools that have faith requirements for attendees from the program.
The Catholic preschools ask teachers and families to sign a pledge promising to uphold their religious mission, including teachings on sexuality and gender identity. The Colorado preschool program’s nondiscrimination clause, however, requires schools to uphold provisions on sexual orientation and gender identity.
Months after the U.S. Court of Appeals for the 10th Circuit ruled in September 2025 that Colorado may continue to exclude Catholic preschools due to their religious beliefs, the Archdiocese of Denver and the Catholic preschools asked the Supreme Court to grant them access to the program.
St. Mary Catholic Parish v. Roy began in August 2023 when two Catholic parish preschools and the Denver Archdiocese filed the first suit.
The Colorado Department of Early Childhood declined to comment, citing active litigation.
‘Universal means everyone’
In September 2025, Colorado Gov. Jared Polis celebrated the court ruling to exclude Catholic schools, saying it protected students from “discrimination.”
“Colorado’s highly popular, free Universal Preschool saves families more than $6,000 per year, gives students a strong start, and has skyrocketed Colorado from 27th in preschool enrollment to third,” Polis said in a Sept. 30 statement. “We are building a Colorado for all, where every student is free from discrimination.”
Catholic parents Dan and Lisa Sheley, who have seven children, said in a statement that they hope to be able to participate in the program and choose a Catholic preschool.
“All we want is the freedom to choose the best preschool for our kids without being punished for our faith,” the couple said. “Colorado promised families a universal preschool program, then cut out families like ours because we chose a Catholic education. We pray the Supreme Court will remind Colorado that universal means everyone.”
A Catholic mother of three said that “Colorado is punishing young religious families.”
“In a state that loudly preaches inclusion, it’s shocking to see Colorado go out of its way to exclude families like mine,” said Erika Navarrete Nagle, whose children attend St. Mary’s. “I hope the Supreme Court will make it clear that no family should be targeted for what they believe.”
Officials in charge of the program recently announced that the preschool program had reached 71.2% participation, leaving about 29% of eligible children not participating. The program’s goal is to reach 77% participation by 2030.
Nicholas Reaves, senior counsel at Becket, the religious liberty nonprofit law firm involved in the case, and attorney for the families and preschools, said he is “confident” the high court will rule in favor of religious freedom.
“The Supreme Court has repeatedly held that states cannot exclude families from government benefits because of their faith,” Reaves said.
“Colorado promised free preschool for all, then slammed the door on families who chose a religious education for their children,” Reaves continued. “After three losses in religious freedom cases at the Supreme Court, Colorado should know better.”
In May 2025, the Supreme Court declined to rule in a contentious case involving what was proposed to be the nation’s first religious charter school, leaving untouched a lower court ruling that forbade the Oklahoma Catholic institution from accessing state funds.
In previous years, the high court has ruled in favor of Maine tuition assistance for religious schools in 2022 and in favor of a Pennsylvania-based Catholic foster care agency in 2021.
