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US Supreme Court leans toward Catholic preschools' challenge to LGBT protections

Justices appeared likely to side with Catholic preschools that say Colorado’s rule forces them to choose between public funding and church teaching.

  • On Nov 3, The Supreme Court appeared likely to side with the Catholic Church in St. Mary Catholic Parish v. Roy, which challenges Colorado's requirement that publicly funded preschools accept children of LGBTQ parents.
  • The Archdiocese of Denver sued in 2023 after Colorado denied a religious exemption, asserting the program forces schools to violate Church teachings on marriage and gender; enrollment has "swiftly declined."
  • Attorney Nicholas Reaves argued the dispute lacks real-world necessity, noting two preschools participate within three miles of every Catholic school. Justice Brett Kavanaugh questioned why Colorado avoided a "win-win" compromise.
  • Lower courts upheld Colorado's policy using the 1990 Employment Division v. Smith decision, but the Catholic Church argues three rulings since 2017 provide a more relevant framework for religious funding protections.
  • This case marks the fourth Supreme Court dispute from Colorado since 2018 involving LGBTQ protections and religious rights, with a decision in Roy expected by the end of June.
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USA Today broke the news in New York, United States on Tuesday, November 3, 2026.
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