Alito Serves Colorado a Brutal Reminder in Catholic Preschool Punishment Case About Why It Keeps Losing at SCOTUS

The Supreme Court slapped down Colorado in 2018 for punishing Christian baker Jack Phillips over a wedding cake.

Two more Colorado losses followed, and the same state still locked 34 Catholic preschools out of universal pre-K.

Samuel Alito read that record straight to Colorado's lawyer, and her answer is the whole case in one word.

Colorado Told Catholic Families Their Schools Do Not Qualify

Colorado voters created universal preschool through a 2020 ballot measure, and the program now pays more than $6,000 a year per child.

The Archdiocese of Denver runs 34 Catholic preschools, and not one of them is allowed in.

The state's excuse is an "equal opportunity" rule that bars participating schools from weighing sexual orientation or gender identity in admissions.

Before a child enrolls, Catholic preschools ask parents to sign on to church teaching, including its teaching on sexuality.

Colorado lets other preschools give priority to low-income kids and children with disabilities.

Becket, the religious liberty firm representing the parishes, says state officials even admitted funded preschools could prioritize LGBTQ families.

More than 1,500 children were ruled ineligible, according to Becket.

"Colorado is punishing families who choose to send their kids to Catholic preschools," the firm says.

Andrea Picciotti-Bayer of the Conscience Project wrote that Catholic preschool enrollment dropped about 20 percent and two schools closed.

She summed up the trick in one line: "It only has to write a rule that Catholic schools cannot meet."

A federal appeals court sided with Colorado anyway in September 2025.

Trump's Solicitor General, D. John Sauer, told the justices in a January 30, 2026 brief that the Tenth Circuit got the law wrong.

"The United States has a substantial interest in the preservation of the free exercise of religion," the brief said.

The Court took the case on April 20, 2026.

Alito Read the Record and Colorado Answered with One Word

The justices heard arguments in St. Mary Catholic Parish v. Roy on November 3, 2026.

Alito turned to Colorado Deputy Solicitor General Helen Norton and laid the state's record on the table.

A Christian baker, a Christian web designer, and a Christian counselor had all beaten Colorado at the Supreme Court.

Alito wanted to know what the justices were supposed to make of that.

Norton answered that Colorado "welcomes" religious preschools – as long as they meet the same conditions as everyone else.

Three losses, and the state's answer was a welcome mat with a lock on the door.

Justice Brett Kavanaugh pointed out that more than 2,000 preschools participate and only 34 belong to the Archdiocese, then pressed the state on why it would not look for a solution that works for everyone.

Justice Amy Coney Barrett asked whether Colorado could keep out Catholic, evangelical, and Orthodox Jewish schools and suggested the rule pushes out anyone with traditional beliefs.

Justice Ketanji Brown Jackson cast the Archdiocese's request as a special rule to turn families away.

The Washington Examiner reported that the Court appeared ready to hand Colorado a "fourth major loss" on the First Amendment.

Colorado Already Lost to Jack Phillips, Lorie Smith, and Kaley Chiles

In 2018, the Court sided with Jack Phillips in Masterpiece Cakeshop.

In 2023, it sided with Christian web designer Lorie Smith in 303 Creative v. Elenis.

On March 31, 2026, it ruled 8 to 1 against Colorado's attempt to censor Christian counselor Kaley Chiles's conversations with young clients, in an opinion by Justice Neil Gorsuch.

The preschool fight runs straight into three more precedents – Trinity Lutheran in 2017, Espinoza in 2020, and Carson v. Makin in 2022.

Together they hold that once a state opens a benefit to private schools, it cannot bar the religious ones for their faith.

First Liberty Institute president Kelly Shackelford pointed out that Maine slapped similar conditions on religious schools after losing Carson.

"This is religious discrimination," Shackelford said.

The roots go back to 1875, when Congressman James G. Blaine pushed to ban public money for "sectarian" schools.

Justice Clarence Thomas wrote in 2000 that "sectarian" was code for Catholic.

Jared Polis Runs a Preschool Program Catholic Kids Cannot Use

Gov. Jared Polis made universal preschool a centerpiece of his time in office.

Democrats in the legislature wrote the nondiscrimination requirement into state law, and Polis's Department of Early Childhood turned it into a rule every provider must sign, according to the Tenth Circuit's ruling.

Catholic parents pay Colorado taxes like everyone else.

Polis's program takes their money and tells their four-year-olds to go somewhere else.

Three Supreme Court losses in eight years would embarrass any normal state government.

Colorado treats them like a to-do list.

A decision is due before the Court's term wraps up in summer 2027.

If the justices rule the way they sounded in that courtroom, Colorado Democrats are about to learn the First Amendment still covers Catholic preschoolers.

Sources:

• Kevin Killough, "Supreme Court to hear case over state funding for Catholic preschools in Colorado," Just The News, November 3, 2026.
• Jack Birle, "Supreme Court likely to rule against Colorado in religious preschool case," Washington Examiner, November 3, 2026.
• U.S. Supreme Court, "St. Mary Catholic Parish v. Roy, No. 25-581, Oral Argument," U.S. Supreme Court, November 3, 2026.
• U.S. Court of Appeals for the Tenth Circuit, "St. Mary Catholic Parish v. Roy," U.S. Court of Appeals for the Tenth Circuit, September 30, 2025.
• Andrea Picciotti-Bayer, "Colorado's universal preschool revives vile anti-Catholic laws," Fox News, November 1, 2026.
• Stephen Sorace, "Supreme Court to hear case of Catholic school barred from Colorado preschool," Fox News, April 20, 2026.
• Becket, "St. Mary Catholic Parish v. Roy," Becket, 2026.
• First Liberty Institute, "U.S. Supreme Court Hears Argument Over Colorado's Exclusion of Religious Schools from State's Universal Pre-School Program," First Liberty Institute, November 3, 2026.
• OSV News, "U.S. Solicitor General says Colorado should not deny Catholic preschools early education funds," Catholic Review, February 5, 2026.