A Closer Look: St. Mary Catholic Parish v. Roy
Over the past decade, the Supreme Court has issued multiple high-profile rulings on church-state partnerships and religious schools receiving public funds, holding that faith groups can’t be frozen out of funding programs simply for being religious and that public officials can't deny requests for religious accommodations when similar accommodations are available to secular groups.
During their private conference tomorrow, the justices will consider an opportunity to further clarify the court’s free exercise jurisprudence by taking up a dispute over Colorado's universal preschool program. In St. Mary Catholic Parish v. Roy, Catholic challengers contend that the state’s nondiscrimination requirement prevents them from participating in the program and amounts to unlawful religious discrimination.
Background of the Case
Colorado's universal preschool program began to take shape in 2020 when voters approved a proposition that created a funding mechanism for it. In 2021 and 2022, the Colorado General Assembly outlined the goals and structure of the program and instructed the newly created Colorado Department of Early Childhood to further refine the rules for participation. The legislature made it clear that "quality standards must include a nondiscrimination requirement for all participating schools."
In 2022
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