The Supreme Court is scheduled to hear oral arguments on Nov. 3 in St. Mary Catholic Parish v. Roy, a case concerning religious exemptions from state funding requirements. The dispute involves Colorado’s universal preschool program, which provides funding to public and private schools that agree to admit children regardless of religious affiliation, sexual orientation, or gender identity. Two Catholic parish preschools and the Archdiocese of Denver sued for an injunction against these requirements, citing religious beliefs regarding admissions.
The U.S. Court of Appeals for the 10th Circuit previously upheld the Colorado law. That court applied the precedent established in Employment Division v. Smith (1990), which holds that the First Amendment does not provide religious exemptions from neutral, generally applicable laws. The 10th Circuit determined that Colorado's law was not motivated by religious animus and applied equally to all participants. The court further noted that the state was not denying religious schools funding that it provided to secular ones, as all participants must follow the same non-discrimination rules.
The Supreme Court granted certiorari to address two specific questions regarding the application of the Smith rule. First, the justices will consider whether proving a lack of general applicability under Smith requires showing "unfettered discretion" or "categorical exemptions" for secular conduct. Second, the court will examine whether its 2022 ruling in Carson v. Makin—which found that states cannot exclude religious schools from generally available tuition aid—displaces the Smith rule only in cases where the government explicitly excludes religious institutions.
A ruling could also impact the future of the Smith precedent itself. While the court did not explicitly grant review on whether to overrule Employment Division v. Smith, three justices—Samuel Alito, Clarence Thomas, and Neil Gorsuch—have previously expressed interest in doing so. Justices Amy Coney Barrett and Brett Kavanaugh have also acknowledged the complexities of the precedent. A decision to move away from Smith would shift the legal standard for religious exemptions toward "strict scrutiny," which requires the government to prove that a law serves a compelling interest and is narrowly tailored. This change would affect how lower courts handle future religious freedom claims across all 50 states.
For families and taxpayers, the decision will clarify the conditions under which public dollars can be used at private religious institutions. A ruling for the state would maintain current requirements that all tax-funded preschools accept students regardless of their parents' sexual orientation or gender identity. A ruling for the parish could allow religious schools to participate in the state-funded program while excluding certain groups based on religious doctrine. The Supreme Court's decision is expected following the Nov. 3 arguments, though a specific date for the final ruling has not been reported.