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Supreme Court to hear Catholic preschools’ case involving same-sex parents

The justices will weigh whether a 34-preschool Catholic network can bypass Colorado’s ban on admission rules based on sexual orientation and gender identity.

  • On Monday, the Supreme Court agreed to hear arguments regarding whether Colorado must exempt Catholic entities from a nondiscrimination provision in its state-funded preschool program.
  • The Archdiocese of Denver, which operates 34 preschools, claims exclusion from the state program because it refuses to accept a nondiscrimination rule prohibiting admission denials based on sexual orientation or gender identity.
  • Challenging the provision, the Archdiocese argues it violates First Amendment religious rights, though it previously lost this challenge in federal district court and the Denver-based 10th Circuit Court of Appeals.
  • Attorneys for the Catholic entities claim the law contains loopholes, while the state argues the nondiscrimination provision lacks exemptions, citing the 1990 Supreme Court ruling in Employment Division v. Smith.
  • As the Supreme Court maintains a 6-3 conservative majority that frequently backs religious rights claims, the Trump administration filed a brief supporting the Archdiocese.
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KERO broke the news on Monday, April 20, 2026.
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