Colorado Catholic Schools Challenge Preschool Aid Rules at Supreme Court
The Supreme Court is scheduled to hear arguments on November 3 in St. Mary Catholic Parish v. Roy, a dispute over whether Catholic preschools can join Colorado’s publicly funded universal preschool program while keeping their faith-based admissions policies. The case could affect religious schools beyond Colorado, the parties say through their arguments about constitutional protections and public benefits.
Colorado’s program requires participating schools to admit families regardless of whether they hold Catholic convictions. Catholic schools challenging the rule say admitting families whose views conflict with Catholic teachings would compromise their religious commitments and violate their First Amendment rights. The state has defended the requirement.
Erika Nagle, a mother of three whose children are enrolled at St. Mary Catholic School in Littleton, says two of her children were refused program aid, leaving her family to pay about $12,000 more for their education. The program, launched in 2023, provides eligible families roughly $6,300 per child for 15 hours of preschool each week.
Nagle says the policy disadvantages families who want a Catholic education, while the school’s admissions approach gives priority to Catholic families and welcomes others who respect its teachings. She also said two preschools in the archdiocese had closed, and argued that the state’s rules are affecting Catholic enrollment.
The Colorado Department of Early Childhood said it could not comment on pending litigation. The governor’s office had not provided a response as of October 29, 2026. The Supreme Court hearing is the next step in the legal dispute.
Colorado’s Preschool Aid Rules Put Religious Liberty to the Test
Colorado’s preschool program is facing a major test at the Supreme Court: whether the state can condition public education aid on religious schools setting aside admissions practices rooted in their faith. Catholic schools say the requirement blocks them from a program promoted as universal and burdens families seeking a religious education.
The court is scheduled to hear St. Mary Catholic Parish v. Roy on November 3. Colorado’s rules require participating schools to admit families regardless of whether they hold Catholic convictions. The schools argue that accepting families whose views conflict with Catholic teachings would violate their First Amendment rights.
Erika Nagle, a mother of three in Littleton, says two of her children were denied roughly $12,000 in preschool aid because they attend St. Mary Catholic School. Colorado’s program, launched in 2023, offers eligible families about $6,300 per child for 15 hours of preschool each week.
Nagle says the policy leaves Catholic families paying more for the school of their choice and puts pressure on Catholic schools and enrollment. She said two preschools in the archdiocese had closed. Her argument underscores the stakes for parents who want public benefits to remain available when they choose a faith-based provider.
Colorado has defended its requirement that participating preschools accept all families. The state’s early childhood department declined to comment on the pending case; the governor’s office had not responded by October 29, 2026.
Colorado’s Universal Preschool Rule Faces a Religious Liberty Test
Colorado’s effort to impose a single admissions condition on publicly funded preschools is headed to the Supreme Court, where Catholic schools argue the rule forces them to choose between their religious commitments and access to a state benefit. The case raises the question of whether government can exclude faith-based providers because their policies reflect their beliefs.
The court is scheduled to hear St. Mary Catholic Parish v. Roy on November 3. Colorado says participating schools must accept every family, including those outside the Catholic faith. The schools say admitting families whose views conflict with Catholic teaching would compromise their religious practice and violate First Amendment protections.
Mother of three Erika Nagle says two of her children were denied about $12,000 in preschool assistance while enrolled at St. Mary Catholic School, located in Littleton. The state program began in 2023 and provides eligible families roughly $6,300 per child for 15 hours of preschool each week.
Nagle says Catholic families are being made to pay extra for choosing a religious school, even as other providers can serve communities with particular needs. She said St. Mary prioritizes Catholic families while welcoming those willing to respect its teachings, and that two preschools in the archdiocese had closed.
Colorado has defended its all-families participation rule. The state’s early childhood department said it could not comment while litigation is pending, and the governor’s office had not responded by October 29, 2026. The Supreme Court hearing will bring the dispute over public funding and religious school policies before the justices.
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