St. Mary Catholic Parish v. Roy is a pending United States Supreme Court case regarding the First Amendment.
Background In 2020, Colorado voters approved Proposition EE to establish universal preschool which was codified by the Early Childhood Act. The act created the Colorado Department of Early Childhood. Under a "mixed delivery system", public and private providers are required to "provide eligible children an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability, as such characteristics and circumstances apply to the child or the child’s family".
Proceedings In August 2023, representing St. Mary Catholic Parish in Littleton, St. Bernadette Catholic Parish in Lakewood, two parents and the Archdiocese of Denver, the Becket (law firm) sued. The plaintiffs say they are excluded from the program because the program requires providers to "provide eligible children an equal opportunity" regardless of sexual orientation and gender identity and that this exclusion violates the First Amendment. Plaintiffs also argue that there are categorical secular exceptions to the nondiscrimination requirement based on disability and income level. Specifically, an Individualized Education Program and Head Start (program) preference.
In September 2025, the Court of Appeals for the Tenth Circuit affirmed a ruling by John L. Kane Jr. which denied plaintiffs request to enjoin "the nondiscrimination requirement from being applied to them."
See also
List of LGBTQ-related cases in the United States Supreme Court
References