St. Mary Catholic Parish v Roy asks whether states can ensure that all children have equal access to publicly-funded preschools — regardless of the sexual orientation of their parents 

Washington, D.C. — This week, the Supreme Court agreed to take up St Mary Catholic Parish v Roy, a case about whether a Catholic preschool can receive public funding through Colorado’s universal preschool program while refusing to comply with its requirement to admit all children, including LGBTQ+ children and children with LGBTQ+ parents.

“All families have a right to belong in the classroom — and in all aspects of their day-to-day life — without exemption or exception,” says Nikhil Vashee, Senior Director of Education Law and Policy at Family Equality. “The neutral and generally applied conditions of Colorado’s universal preschool program ensures that no matter what your family make-up is, you have access to learning environments that welcome, affirm, and help your child to grow. While we don’t yet know how the Court will decide on this case, trust that Family Equality is following this case closely and advocating every day for policies and practices that protect LGBTQ+ families in and out of the classroom no matter what.” 

The Catholic preschool, St. Mary Catholic Parish, argued that its exclusion from Colorado’s program is a form of religious discrimination in violation of the First Amendment. The U.S. Court of Appeals for the 10th Circuit rejected the preschool’s argument, finding that the state’s policy did not violate the Constitution, as is aligned with the Supreme Court’s 1990 decision in Employment Division v Smith. 

Family Equality is the only national nonprofit dedicated to protecting and advancing the freedoms of all LGBTQ+ families through bold advocacy, powerful community building, and transformative education. 

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