The Supreme Court on Nov. 3 seemed sympathetic to arguments by Colorado Catholic preschools seeking to join the state’s universal preschool program while declining to enroll children based on sexual orientation or so-called gender identity—whether that of the child or the parents.
The case, St. Mary Catholic Parish v. Roy, asks whether Colorado can require Catholic preschools to follow its nondiscrimination rule on sexual orientation and gender identity if they want state preschool funding.
The schools argue that the rule clashes with the church’s religious beliefs and that the state already permits other exceptions.
Colorado says the rule is neutral and applies equally to every preschool taking public money, and that religious schools remain free to participate as long as they do not turn children away on those grounds. A ruling for the schools would make it harder for states to attach anti-discrimination conditions to public money that goes to religious schools….