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Preschool case tests religious conservatives' US Supreme Court win streak

The justices will decide whether Colorado must exempt religious preschools from equal-opportunity rules to keep receiving state preschool funding.

  • On Nov 3, the Supreme Court will hear arguments from The Archdiocese of Denver and other Catholic entities seeking an exemption from a Colorado preschool funding program's nondiscrimination requirement, with Republican President Donald Trump's administration backing the challenge.
  • Colorado's universal preschool program requires participating schools to sign an agreement pledging equal opportunity regardless of sexual orientation or gender identity. The Archdiocese oversees 34 Catholic preschools and argues this mandate burdens their religious exercise.
  • Represented by the Becket Fund for Religious Liberty, the Catholic entities claim Colorado "knowingly excluded" them based on religious exercise. Colorado counters that its requirements are neutral, generally applicable laws that do not intrude on the Free Exercise Clause.
  • This case tests whether conservative religious interests can extend their winning streak at the Supreme Court. The 6-3 conservative majority previously expanded access for religious entities to public money in rulings involving Maine and Montana.
  • Scholars argue that granting the exemption could usher in a "most-favored nation" rule for religion. Dissenting in a recent case, Justice Sonia Sotomayor warned that the court's direction leads to a place where "Separation of church and state becomes a constitutional violation.
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Wall Street Journal broke the news in New York, United States on Thursday, October 22, 2026.
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