Colorado Catholic preschools get their Supreme Court argument Nov. 3

November 3, 2026

By Amy Howe | SCOTUSblog

The Supreme Court will hear oral argument on Nov. 3 in a challenge brought by Catholic preschools in Colorado, which argue that their exclusion from Colorado’s universal preschool program is a form of religious discrimination in violation of the First Amendment, because Colorado will not provide them with an exemption from rules that would require them to admit everyone – including LGBTQ children and children with LGBTQ parents.

The Catholic preschools say that they “have no objection to Colorado’s decision to allow over 1,000 … preschools to selectively serve the communities they are designed to serve.” Instead, the preschools emphasize, they “simply want the same accommodation extended to them.”

Colorado counters that the Catholic preschools “remain welcome to participate in” the universal preschool program. However, the state writes, if they do, they must be “subject to the same equal-opportunity requirements that apply to all other publicly funded preschools—public and private, secular and religious.”

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