Twenty-two states, representatives of different religions, Catholic families, a law scholar, legal groups, and several think tanks and public policy groups filed 19 friend-of-the-court briefs with the United States Supreme Court Dec. 17, urging the court to protect Catholic preschools from being excluded from Colorado’s universal preschool funding program because of their religion.

The various amicus briefs were filed in support of the Catholic preschools represented in St. Mary Catholic Parish v. Roy, a suit filed by the Becket Fund for Religious Liberty in 2023 after Colorado refused to include the preschools in a “universal” program that funds 15 hours of free preschooling every week for children of low-income families, Zeale previously reported.

The preschools appealed to the Supreme Court in November after the U.S. Court of Appeals for the Tenth Circuit ruled Sept. 30 that they would have to sign a nondiscrimination requirement before being admitted to the program. The preschools argued the nondiscrimination agreement would force them “to consider the sexual orientation and gender identity of a student and their parents before admitting them to a Catholic school,” Zeale also reported. The preschools state that while they do not explicitly ban children of parents in same-sex relationships, the Archdiocese of Denver “does not recognize same-sex relationships or transgender status, and it states that enrolling a child of same-sex parents in a Catholic school is ‘likely to lead to intractable conflicts.’”

In a Dec. 18 news release, Becket praised the states, organizations, individuals, and groups who filed briefs in support of the case. According to the law firm, the 22 states opposing Colorado’s actions against the Catholic preschools argue that “letting the decision stand would make it easier for governments to push religious organizations out of public life.”

The religious groups who raised concerns about religious freedom protection following the Tenth Circuit’s ruling include the United States Conference of Catholic Bishops; the Church of Jesus Christ of Latter-day Saints; the Ethics and Religious Liberty Commission of the Southern Baptist Convention; the Lutheran Church-Missouri Synod; the National Association of Evangelicals; the Coalition for Jewish Values; the Jurisdiction of the Armed Forces and Chaplaincy; the Islam and Religious Freedom Action Team; and the Jewish Coalition for Religious Liberty, according to Becket.  

Religious liberty law scholar Stephanie Barclay and other Catholic families also supported the preschools, as did legal groups like Pacific Justice Institute, Alliance Defending Freedom, and Thomas More Society. Organizations including the Manhattan Institute, EdChoice, the Center for American Liberty, and the Robertson Center for Constitutional Law also filed amicus briefs.

In the release, Scott Elmer, the archdiocese’s superintendent of Catholic schools and chief mission officer, said, “We are humbled by this support for our preschools, who simply want to help parents educate their children in the richness of the Catholic faith using Colorado’s universal preschool program.”

“Our preschools aren’t asking for special treatment, just equal treatment,” he added. “We pray the Court takes this case and upholds the promise of universal preschool for every family in Colorado.” 

According to Becket, the Supreme Court will likely decide whether or not to hear the case in early 2026.