Colorado’s War on Religious Liberty Heads Back to the Supreme Court

Americans are understandably focused on this week’s critical midterm elections, but oral arguments over one of the most consequential religious liberty cases of the current term will be heard on Tuesday at the United States Supreme Court.

The central question in St. Mary Catholic Parish v. Roy is a fundamental one with far-reaching consequences: can a state compel a faith-based institution to abandon its deeply held religious convictions to participate in a publicly funded program?

Back in 2020, Colorado voters approved a “Universal Preschool (UPK) Program” that covers the cost of up to 15 hours of weekly education for 4-year-olds. Yet, because it’s a program that was hatched in a liberal state, officials attached conditions – specifically that participating schools, even Christian-based ones, couldn’t require families to adhere to biblically based principles and standards. 

In other words, the tax dollars of Christians may help fund it – but don’t let us use those funds to help pay for Christian education.

Nicholas Reaves, senior counsel at the Becket Fund and an attorney for impacted families and preschools, explained:

“Colorado promised free preschool for all, then slammed the door on families who chose a religious education for their children,” he stated. “After three losses in religious freedom cases at the Supreme Court, Colorado should know better. The Supreme Court has repeatedly held that states cannot exclude families from government benefits because of their faith. We’re confident the Court will say the same thing here and put a stop to Colorado’s no-Catholics-need-apply rules.”

Parents Dan and Lisa Sheley have seven children who stand to benefit from the state’s annual $6,000-per-student stipend. They’ve unsuccessfully pleaded with courts to recognize how the restrictions in the state program amount to religious discrimination. 

“All we want is the freedom to choose the best preschool for our kids without being punished for our faith,” they explained. “Colorado promised families a universal preschool program, then cut out families like ours because we chose a Catholic education. We pray the Supreme Court will remind Colorado that universal means everyone.”

In recent years, Colorado has been rebuked three times by the United States Supreme Court for violating Coloradans’ religious freedoms.

In 2018, the High Court ruled the state had been hostile to Masterpiece Cakeshop baker Jack Phillips’ Christian faith. In 2023, the Court ruled in “303 Creative” that a graphic designer couldn’t be forced to violate their religious beliefs by producing content that celebrated something their faith teaches them is sinful. In 2025, eight justices ruled the state couldn’t restrict the religious perspective of Christian counselors. 

By discriminating against Christian schools and families, faith-based institutions are feeling the financial pinch as parents take their program dollars to secular alternatives. Two schools – Wellspring Catholic Academy and Guardian Angels Catholic School – shut down due to declining enrollment. In fact, according to Becket, enrollment across the Denver Archdiocese has declined by 20%.

Some socially conservative Christians have expressed concerns about faith-based institutions – or even families themselves – participating in a government-sponsored program. The caution is well placed – and important distinctions should be acknowledged.

Specifically, there is a difference between government funding and government control. The taxpayer dollars in question are intended to benefit the students and not the institution. Christian schools should never accept government funding if doing so requires them to violate their deeply held religious beliefs or cede any control of their programs.

Colorado’s extensive losing streak and antipathy toward Christians has caught the attention of the satirical Babylon Bee. After a majority of justices ruled in favor of the Christian counselors, the Bee ran the headline, “Supreme Court Begs Colorado ToPlease Just Be Normal For Once.”

The Founding Fathers wanted religious freedom to be the norm – and we now pray that a majority of the justices will rule in favor of the Denver Catholic Archdiocese.