Supreme Court to Hear Oral Arguments in St. Mary Catholic Parish v. Roy, a Case That Could Impact Critical Protections for Colorado’s LGBTQ+ Families

WASHINGTON, DC— On November 3rd, the U.S. Supreme Court will hear oral arguments for St. Mary Catholic Parish v. Roy, a case out of Colorado that will determine whether religious schools receiving public funds from the state’s universal preschool program can refuse to enroll students from LGBTQ+ families, thus violating the program’s non-discrimination requirements. The Court’s decision could have a deep impact on Colorado’s LGBTQ+ community, potentially undermining equality in education by allowing other religiously-affiliated schools in the program to discriminate on the basis of the sexual orientation or gender identity of students and parents under religious freedom claims.

Details of the Case: 
Colorado’s voluntary, state-funded universal preschool program requires that participating schools in the program must abide by non-discrimination protections that, in part, prohibit the exclusion of students, parents and families on the basis of gender identity or sexual orientation. The plaintiffs in the case are arguing that these non-discrimination requirements infringe upon their First Amendment right to practice their religion. The United States District Court for the District of Colorado found that the non-discrimination requirements are neutral and generally applicable and do not violate the First Amendment. The United States Court of Appeals for the Tenth Circuit affirmed the District Court’s decision and now the case sits with the Supreme Court. In August of this year, the Congressional Equality Caucus filed an amicus brief urging the Supreme Court to uphold the protections, advocating on behalf of Colorado’s LGBTQ+ youth and parents. A ruling in the case is expected next year. 

Potential Impact of the Case: 
If the Court were to rule in favor of the plaintiffs, Colorado’s LGBTQ+ students or students of LGBTQ+ parents could be denied admission by religiously-affiliated schools enrolled in the state’s universal preschool program. Additionally, if a student or parent already admitted to the school were to come out as LGBTQ+, a participating school could withdraw admission. As a result, LGBTQ+ families will be treated unfairly, whether facing pressure to stay in the closet in fear of getting turned away or kicked out simply for who they are. Families in rural areas with limited preschool institutions could be left without options altogether.  The case could also have implications for faith-based providers of taxpayer-funded programs and services in other areas of life.

The Human Rights Campaign (HRC) is the nation’s largest LGBTQ+ civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer (LGBTQ+) people, with 3.6 million members and supporters. The HRC Foundation (a 501(c)(3)) works to ensure LGBTQ+ people are safe, seen and supported where it matters most: at school, at work and in every community across the country. From the courtroom to the classroom, from Congress to corporate America, HRC and the HRC Foundation build power through partnerships, storytelling, and action—working to create a future rooted in equity, freedom and belonging for all LGBTQ+ people.

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