The Supreme Court agreed on April 20 to hear a case challenging Colorado’s exclusion of Catholic families and preschools from the state’s universal preschool program. The case, St. Mary Catholic Parish v. Roy, will determine whether the state can continue barring faith-based schools and families from receiving public preschool benefits due to their religious beliefs.
This decision is significant for families seeking equal access to educational programs regardless of religious affiliation. The outcome could affect how states implement public benefit programs involving religious organizations.
Colorado’s universal preschool program offers all families 15 hours per week of free preschool at a school of their choice, valued at about $6,000 per child. However, restrictions have excluded Archdiocesan preschools because they require family support for the Catholic faith. As a result, parents like Dan and Lisa Sheley are unable to use these benefits at their parish school in the Archdiocese of Denver and must pay out-of-pocket while other families do not face this barrier.
Dan and Lisa Sheley said, “All we want is the freedom to choose the best preschool for our kids without being punished for our faith. 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.” Erika Navarrete Nagle also commented: “Colorado is punishing young religious families. In a state that loudly preaches inclusion, it’s shocking to see Colorado go out of its way to exclude families like mine. I hope the Supreme Court will make it clear that no family should be targeted for what they believe.”
According to Becket attorney Nicholas Reaves: “Colorado promised free preschool for all, then slammed the door on families who chose a religious education for their children… The Supreme Court has repeatedly held that states cannot exclude families from government benefits because of their faith.”
Since enrollment in Catholic preschools began declining under UPK restrictions—resulting in closures including one serving low-income and minority students—the Archdiocese has been involved in legal efforts alongside affected parents since 2023.
The Archdiocese of Denver participates in charitable efforts and social justice activities according to its official website. It supports parishes, schools, ministries, faith formation initiatives, community services as noted by its official site, provides programs related to family services and youth support according to its website, functions as a Catholic organization per its official page, and operates across Northern Colorado as reported by its website.
The Supreme Court is expected to hear arguments this fall.
