US bishops ask Supreme Court to exempt Catholic schools from Colorado nondiscrimination rules

The United States Conference of Catholic Bishops (USCCB) has filed an amicus curiae brief with the Supreme Court in St. Mary Catholic Parish v. Roy, a case about admissions at Catholic schools in Colorado. The court will decide whether religious freedom takes precedence over state nondiscrimination rules in publicly funded education programs.

Where the case began: Colorado's universal preschool program

The case dates to 2023, when Colorado set up a universal preschool program that gives families funding to choose the preschool they want, public or private. Schools that take part must follow nondiscrimination rules set by the state.

The program bars schools from "denying admission to a child based on the sexual orientation or gender identity of the child or of the child's family members." The Interfaith Alliance of Colorado made sure faith-based providers were involved at every stage of the program's development and rollout, so that no family would be turned away because of its faith.

The lawsuit

In 2025, two Colorado Catholic schools sued for permission to exclude LGBTQ+ families from the program. They argued that "the nondiscrimination rules infringed their religious freedom" by barring them from the program while they kept admissions criteria based on religious doctrine.

The schools' position was that they should be able to "take part in the program and at the same time deny admission to children or families who do not align with their religious beliefs, especially regarding gender and sexuality." In effect, they were asking for access to public funds without being subject to the program's nondiscrimination rules.

Lower courts ruled against the schools

The trial court dismissed the suit. Later appeals also failed, with the courts finding that "the nondiscrimination requirements for participating in the program did not violate any religious freedom law." The lower courts held that access to public funds can be conditioned on meeting standards that guarantee equal treatment.

The USCCB argument

According to the National Catholic Reporter, the USCCB brief argues that "the government cannot deny religious entities the right to participate in a generally available public program because of their religious character or exercise." The conference argues that rules protecting against discrimination infringe "sincere religious beliefs."

The brief draws on existing case law, saying that "this case is only the latest example of a troubling trend: states and cities across the country using nondiscrimination requirements to covertly suppress particular religious beliefs." It cites the Supreme Court's 1993 ruling in Church of Lukumi Babalu Aye, Inc. v. City of Hialeah.

Catholic organizations and social services

The USCCB warns of broader consequences. If the trend continues, it could "harm the ability of Catholic organizations and other faith-based service providers to work with state and local governments" in serving the public.

The conference says Catholic charitable organizations "are a significant force for good, providing quality education, care for the sick, care for the vulnerable and food for the hungry."

Criticism from other Catholics

A contrasting view questions that central premise, warning that "it is troubling to argue that religious beliefs should justify discrimination against other human beings." That internal criticism of the USCCB position comes from Catholics who say that defending exclusionary practices contradicts the fundamental values of their faith.

That argument holds that while Catholic charities are indeed a positive force, "it is clear that the religious beliefs that drive such a mission, namely love, mercy and justice, are neither hindered by nor opposed to protections against discrimination." It says that "discrimination, in simple terms, is not a Catholic value."

New Ways Ministry and others in opposition

New Ways Ministry and other Catholic organizations and individuals have filed amicus curiae briefs opposing the schools' suit. The groups are seeking to counter the USCCB's argument by presenting the court with an alternative view from within the Catholic community.

The case raises a question US courts have debated for years: how far religious freedom extends when it conflicts with protections against discrimination in access to public funds. The specific question is whether religious entities that receive state funding may keep admissions criteria that exclude certain people.