St. Mary v. Roy: Bringing LGBTQ+ Family Stories to the Supreme Court
“A program called ‘universal’ has to mean every family, including ones like mine — full of love.”
Joseph is a veteran with decades of experience serving his country. He’s a husband and a father, and he also grew up with LGBTQ+ moms. When he found out that St. Mary, a Catholic preschool school in Colorado, wants public money to turn away four-year-olds based on who their parents are, he felt inspired to speak out.
Family Equality, COLAGE, and Rocky Mountain Equality are bringing his story and dozens of others to the highest court in the nation.
About St. Mary Catholic Parish v. Roy
In 2020, Coloradans voted to approve a universal preschool program to ensure that all children in the state have an equal opportunity to enroll in early childhood education. The program, which provides public funding for universal preschool to public and private preschools, including religious preschools, was officially rolled out in 2022 and requires schools that choose to participate to sign a nondiscrimination agreement that mandates equal enrollment opportunities to all families.
St. Mary Catholic Parish wants to receive taxpayer funds to participate in this program while refusing to comply with the state’s antidiscrimination protections by denying admission to children with same-sex parents. So far, every court that has heard this case, including the Tenth Circuit Court of Appeals, has rejected St. Mary’s argument because Colorado’s conditions for participating in the program are neutral and generally applied to every preschool.
St. Mary and its co-petitioners are now asking the Supreme Court to reverse the Tenth Circuit’s decision.
Submitting an Amicus Brief
Too often, the perspectives of the real families affected by these cases are missing from debates like this one. That’s why Family Equality, COLAGE, and Rocky Mountain Equality submitted an amicus curiae (friend of the court) brief in this case to share the stories of adult children with LGBTQ+ parents, LGBTQ+ adults, and Catholic parishioners with the Supreme Court Justices so that they can understand what’s really at stake in this case.
What we said
Our brief used the stories of our families to show the Court…
Research shows the long-term benefits of high-quality early childhood education — including improved cognitive development, stronger language acquisition, better social-emotional skills, increased readiness for kindergarten, and improved education outcomes.
This is precisely why Coloradans voted to enact a universal preschool program and why the program itself was designed to ensure that all families have a choice amongst a broad range of providers in their communities — including faith-based providers.
There are a plethora of reasons why a family might choose to send their children to faith-based schools. Our brief highlights those stories, including…
- An LGBTQ+ parent who grew up with LGBTQ+ parents, who is now looking to put their child in a faith-based preschool to ensure that they remain connected to their heritage,
- An LGBTQ+ parent who sent her children to the same Catholic school that generations of her family attended in part because of the smaller class sizes and quality of education,
- An LGBTQ+ parent who sent his children to Catholic school and worked as the president of the PTA, driven by his belief in the importance of raising his children with a “firm moral foundation”
“We’re not telling you what to teach. We’re not telling you want to believe. We’re just trying to [choose] a [Catholic] education.” — LGBTQ+ parent who sent her child to a Catholic preschool in Colorado
Indeed, Colorado’s program doesn’t seek to direct curriculum or even determine who a religious provider serves on its own terms as a private institution. But if the institution is voluntarily seeking tax-payer funding through the universal preschool program, it must follow the same basic requirements as all the other participating providers. That is, being open to all eligible children.
Parents will feel the sting of this discrimination most acutely, and many may have to jump through logistical and financial hoops to ensure that their children can still access high-quality education. But the message of state-sponsored discrimination will be felt by young people — no matter how young they are.
Notes a Coloradan who grew up with LGBTQ+ parents before marriage equality: “[This] would not only be confusing, but also deeply painful and humiliating.”
What others are saying
We’re in good company! Many other experts in the field have submitted similar briefs, including briefs from GLAD Law and Lambda Legal, leading First Amendment scholars, the NAACP Legal Defense Fund, the Disability Rights Education and Defense Fund, the National Women’s Law Center, and more.
The power of LGBTQ+ family stories
The stories of these families are powerful, and we know it. During the height of the fight for marriage equality, we submitted briefs to the courts, penned op-eds, and got out our metaphorical megaphone to share with stories from families like yours. Dozens of children with LGBTQ+ parents shared how their experiences in a family that couldn’t get married impacted their life growing up.
Our brief was actually mentioned by the Supreme Court Justices during the case that struck down DOMA and in the decision to grant marriage equality nationwide.
Next steps
Oral arguments for this case are set for early November. In the weeks and months to come, Family Equality and our movement partners will continue to keep you informed about the progress of this case and other headlines like it. In the meantime, here’s how you can help:
- Become a Family Equality storyteller. Even though our brief is submitted in this case, we are still searching for outspoken advocates who are willing to share their stories to help the public understand what’s at stake in this case. Sign up to become a Family Equality storyteller to be the first to know about these opportunities and receive access to trainings and resources.
- Stay informed and share the facts. Get your information from experts deep in this work — Family Equality and our partners at COLAGE, GLAD Law, Rocky Mountain Equality, and others.
- Support the work. In this brief, and in countless others, Family Equality has shown up for LGBTQ+ families across the country — and we’re inviting you to join us. Save the date for Family Equality’s annual Giving Day this October 15!
