This election day, the Supreme Court begins oral arguments in St. Mary Catholic Parish v. Roy, a case about whether taxpayer-funded preschools can discriminate against four year-olds with LGBTQ+ parents 

Washington, D.C. — Oral arguments began today in St. Mary Catholic Parish v. Roy, a case that will consider whether a Catholic preschool in Colorado can refuse to comply with the state’s antidiscrimination protections while taking taxpayer money as part of Colorado’s Universal Preschool Program. 

In August 2026, Family Equality and movement partners COLAGE and Rocky Mountain Equality submitted an amicus brief in support of the state of Colorado, sharing the stories of adult children with LGBTQ+ parents, LGBTQ+ adults, and Catholic parishioners to demonstrate the harm posed to children and families when they’re denied equal access to taxpayer-funded early childhood education. The brief was mentioned during oral arguments. 

“It’s a big week to be an LGBTQ+ family in America,” says Luce Remy, Vice President of Public Policy. “Not only are LGBTQ+ families on the ballot this election through numerous ballot measures and important races, but their right to equal access and opportunity in taxpayer-funded education is up for debate at the Supreme Court. This case asks whether children should be deemed less deserving of the same publicly-funded educational opportunities as others just because of who their parents are. To us, Colorado’s lawyers, and the many storytellers highlighted in our brief, the answer is obvious: Taxpayer funds should never be used to discriminate against four year-olds. Regardless of what happens in this case, Family Equality will continue to advocate for LGBTQ+ families at every level and branch of the government to ensure that we have the same opportunities as everyone else.” 

Colorado’s Universal Preschool program was officially rolled out in 2022, and it requires all participating schools to sign a nondiscrimination agreement — which St. Mary Catholic Parish wants to violate while still receiving taxpayer funds. So far, every court that has heard this case, including the Tenth Circuit Court of Appeals, has rejected the preschool’s argument, finding Colorado’s conditions for program participation to be neutral and generally applied.

Read more about the case.  

Family Equality is creating a world where everyone can experience the love, safety, and belonging of family. As the leading national organization for current and future LGBTQ+ families, we work to ensure that everyone has the freedom to find, form, and sustain their families by advancing LGBTQ+ equality through advocacy, resources, storytelling, and education.

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