In St. Mary Catholic Parish v. Roy, the Littleton, Colorado, preschool argued that the state’s requirement to admit all children, regardless of sexual orientation or parental identity, constituted religious discrimination. The preschool sought an exemption from these rules as a condition of participating in the state program.
The U.S. Court of Appeals for the 10th Circuit rejected the preschool’s argument, holding that Colorado’s conditions were neutral and generally applicable to every preschool regardless of religion. The appellate court relied on the Supreme Court’s 1990 decision in Employment Division v. Smith, which established that such government actions normally do not violate the Constitution.
Although the justices declined to reconsider the Employment Division v. Smith precedent, they granted the petition for review and will hear oral arguments in the case. The preschool had asked the court to take up the dispute last fall.
The Court’s order came as part of a list of orders released Monday following the justices’ private conference on Friday, April 17.